Constructing the Supreme Court: How Race, Ethnicity, and Gender Have Affected Presidential Selection and Senate Confirmation Hearings

Authors

Christina L. Boyd, Washington University School of LawFollow
Paul M. Collins Jr., University of Massachusetts AmherstFollow
Lori A. Ringhand, University of Georgia Law SchoolFollow
Karson A. Pennington, University of Georgia School of Public and International AffairsFollow

Document Type

Article

Publication Date

2023

Publication Title

Polity

Abstract

In February 2022, President Joseph Biden announced his nomination of Ketanji Brown Jackson to serve as an associate justice on the U.S. Supreme Court. In doing so, he said this: “For too long, our government, our courts haven’t looked like America. And I believe it’s time that we have a Court that reflects the full talents and greatness of our nation with a nominee of extraordinary qualifications and that we inspire all young people to believe that they can one day serve their country at the highest level.” In the following days, Jackson’s nomination was discussed with enthusiasm, much like the historic first nominations of Sandra Day O’Connor and Thurgood Marshall. But like other female nominees and nominees of color, Jackson’s nomination and subsequent hearing before the Senate Judiciary Committee was tainted with racial and gendered attacks. In this article, we situate Jackson’s experience within a broader discussion of how race, ethnicity, and gender have affected the construction of the U.S. Supreme Court over time. Specifically, we examine the historic role race and gender has played in the presidential selection process, and the ongoing effect race and gender have on the nominees’ experiences before the Senate Judiciary Committee.

Keywords

Supreme Court, Judicial Diversity, Senate Judiciary Committee, President, Gender, Race

Publication Citation

Christina L. Boyd et al., Constructing the Supreme Court: How Race, Ethnicity, and Gender Have Affected Presidential Selection and Senate Confirmation Hearings, 55 Polity 400 (2023)

Repository Citation

Boyd, Christina L.; Collins, Paul M. Jr.; Ringhand, Lori A.; and Pennington, Karson A., "Constructing the Supreme Court: How Race, Ethnicity, and Gender Have Affected Presidential Selection and Senate Confirmation Hearings" (2023). Scholarship@WashULaw. 792.
https://openscholarship.wustl.edu/law_scholarship/792