Ketanji Brown Jackson’s hearing offered a glimpse of upcoming culture war fights at the court
By Melissa Murray
March 25, 2022
For more than two decades, confirmation hearings for Supreme Court justices have revolved around a single question: whether the nominee would uphold or overrule Roe v. Wade, the landmark 1973 decision that recognized nationally a woman’s right to choose an abortion. As far back as the ill-fated confirmation hearings for Robert Bork in 1987, abortion has always been the elephant in the room, prompting thinly veiled questions about fidelity to precedent and “unenumerated rights” — rights not explicitly mentioned in the Constitution.
With this in mind, the hearings for Judge Ketanji Brown Jackson were unlike those that came before. Not only is Jackson the first Black woman to be nominated to the high court, but she is also the first nominee to be vetted in a soon-to-be post-Roe landscape.