U.S. Senate Chamber. Credit: Architect of the Capitol. Don't Evaluate Judicial Nominees Based Upon Former Criminal Defense Clients
The appropriate question with regard to judicial nominees is not whom they represented as lawyers, but rather, whether they did so with integrity and with all the vigor the law permits—as Judge Jackson did.
April 17, 2022 at 10:00 AM
3 minute read
When a certain United States senator from Arkansas took the Senate floor to oppose the confirmation of District of Columbia Circuit Judge Ketanji Brown Jackson to the Supreme Court, he criticized her having served as a public defender and lawyer in private practice representing, among others, several Guantanamo detainees accused of assisting Al-Qaida's Sept. 11, 2001, attacks on the United States. He negatively compared her service as a public defender and pro bono work on behalf of detainees to Justice Robert Jackson's service as chief U.S. Nuremberg prosecutor—saying, "The last Judge Jackson left the Supreme Court to go to Nuremberg to prosecute the case against the Nazis. This Judge Jackson might have gone there to defend them." Other senators mouthed the same loathsome narrative. This is not the first time a judicial nominee has been attacked because of the clients they have represented, and unfortunately it likely will not be the last.
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