The Supreme Court’s new term evokes fresh fears about the future of the American democracy and the additional harm that can be done to our established liberties. This week the AFJ president, Rakim Brooks, wrote on the topic and appeared on C-Span to preview the term, highlight the court's legitimacy crisis, and recontextualize conservative attempts to revive dangerous and outdated constitutional theories.  

Check out our newest blog post, written by Dorot Fellow Jeevna Sheth, which discusses Justice Ketanji Brown Jackson’s investiture, reflects on the experiences of women of color and women generally in the workplace, and shares what this monumental moment means to her.  

We can all find inspiration in the meaningful reminder about the path forward:   

“Whatever intersectional challenges Justice Jackson will face as the first Black woman to sit on the most powerful court in the country, we must wholeheartedly celebrate her investiture ceremony as a joyous milestone in the right direction.” 

The Good News

On September 30, Justice Ketanji Brown Jackson, the nation’s first Black woman to sit on our highest court, officially became the 104th Associate Justice of the Supreme Court of the United States. Even more exciting, Justice Jackson left little room to question how she might lead in this new space. During this first week of oral arguments for the 2022–2023 term, she asked significant, pointed questions and refused to quietly defer to more senior justices.

On Tuesday, the Court heard oral arguments for Merrill v. Milligan, which stands to gut what’s left of the Voting Rights Act. Justice Jackson reminded the parties – and the Court – that the 14th Amendment to the Constitution was enacted to secure the rights of formerly enslaved people. She therefore shredded one of Alabama’s key arguments that racial equity measures are contrary to the 14th Amendment or that equal protection requires “colorblind” racial neutrality. As troubling as it is that the Supreme Court needed a refresher on American history, it is encouraging to see this trailblazing justice stepping in boldly and seamlessly.   

Pay Attention

We’re paying close attention to the Senate Judiciary Committee hearing next week that is certain to feature stellar nominees. But what really makes this hearing special is the fact it is happening at all. We were disappointed to hear Majority Leader Schumer announce that the Senate would be recessing until after the midterms, especially with 25 federal judicial nominees awaiting confirmation votes in the Senate. Despite this, Sen. Durbin, the Chair of the Senate Judiciary Committee, announced last week that the Committee will still hold a judicial nomination hearing on October 12. This is a critical step to process more exceptionally qualified nominees through the Judiciary Committee and onto the Senate floor for votes expeditiously. We applaud Sen. Durbin’s leadership and his continued dedication to building a fair-minded, professionally and demographically diverse judiciary!   

What's Next

With Sen. Schumer’s announcement that the Senate will not meet again until mid-November, the Senate must double down now more than ever on judicial confirmations at every opportunity. There are still 25 nominees awaiting votes in the Senate, including Nancy Abudu (11th Cir., GA), Rachel Bloomekatz (6th Cir., OH), and Dale Ho (S.D.N.Y).  Going on recess in early October with so much work to be done was a missed opportunity to confirm as many nominees as possible this year. Let’s keep the pressure on Sen. Schumer and the entire Democratic Caucus to prioritize filling every seat with more outstanding nominees.  

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