Hyde-Smith

Ketanji Brown Jackson became the first Black female justice on the Supreme Court of the United States Thursday after being confirmed by the U.S. Senate in a 53-47 vote.

Mississippi’s senators, Rodger Wicker and Cindy Hyde-Smith, were two of the votes against Jackson’s nomination. Both released statements ahead of Thursday’s vote echoing claims made by their fellow Republican colleagues during confirmation hearings to explain why they would not support the Biden nominee.

In a statement released March 4, Sen. Hyde-Smith said she did not feel Jackson, whom she previously voted against confirming to the U.S. Court of Appeals in June 2021, would fairly interpret the law.

“Judge Jackson’s record indicates a readiness to legislate from the bench, at times in a manner that risks some of the basic freedoms that are at the core of our Constitution. Such activism, for example, has threatened free speech rights and other individual American liberties,” Hyde-Smith said. “Judge Jackson may be confirmed to the Supreme Court, but not with my support. As she assumes her historic role on the Supreme Court, I will pray she commits to a fair and impartial administration of justice for all Americans.”

Sen. Wicker, who previously said President Biden’s nominee would be the product of affirmative action after the president promised to nominate a Black woman, met with Jackson on March 30. In a statement, Wicker claimed Jackson was an “activist judge,” and he would not support her.

“I appreciated Judge Jackson taking the time to meet with me and discuss her nomination to the Supreme Court. It is clear from our conversation that she is an exceptionally intelligent and capable attorney who has already distinguished herself among legal professionals,” he said. “However, Judge Jackson was not able to address my serious concerns about her record and judicial philosophy, which were highlighted last week in her Senate confirmation hearing. The fact remains that President Biden promised to pick an activist judge who is willing to legislate from the bench, and he has done exactly that. I will be voting against her confirmation.”

The senators’ claims that Jackson’s previous judicial decisions border on activism are not shared by the American Bar Association, which evaluated her as “Well Qualified” to serve on the Supreme Court, the highest rating given.

The ABA evaluation looked at Jackson’s judicial temperament, integrity and professional competence in making its decision.

As part of the evaluation process, the ABA Standing Committee surveyed more than 250 attorneys, judges and legal scholars. The committee reported the survey results did not share Senators’ feelings of bias in Jackson’s decisions.

Jackson will become the sixth female and third Black justice to serve on the Supreme Court. Her confirmation also makes history as the first time four female justices sat on the court together.

Jackson is expected to join the Supreme Court next term, taking the place of Justice Stephen Breyer after he retires this summer. Once she joins the court, Jackson is expected to hear several high profile cases including voting rights and race in college admissions.