https://www.nationalreview.com/2022/02/ketanji-brown-jacksons-harvard-race-discrimination-problem/
If Biden selects this judge, she will have to answer for her service on the board of a racially discriminatory college.
Judge Ketanji Brown Jackson has a race-discrimination problem, and it just got a lot bigger. That problem could complicate her candidacy for the Supreme Court.
The D.C. Circuit judge is near the top of the very short list to replace Stephen Breyer; indeed, she is widely seen as the front-runner. Just as Brett Kavanaugh was once a law clerk for Anthony Kennedy and replaced him on the Supreme Court, Jackson once clerked for Breyer. A federal district-court judge since 2013, she was elevated last year to the D.C. Circuit, a court long treated by both parties as a farm team for Supreme Court picks. Former D.C. Circuit judges nominated to the Court include Kavanaugh, Merrick Garland, John Roberts, Ruth Bader Ginsburg, Clarence Thomas, Douglas Ginsburg, Robert Bork, and Antonin Scalia. She just published her first D.C. Circuit opinion.
The firestorm over Joe Biden’s unpopular pledge to exclude everyone but African-American women from consideration for his first Supreme Court nomination has put Jackson and the other short-listers under a microscope. There are a number of concerns with her judicial record, from her record of reversals by the D.C. Circuit as a district judge to her turgid writing style.
But the timing of the nomination presents a more serious and polarizing issue: Harvard University’s policy of race discrimination against Asian students, which is currently being challenged in a lawsuit pending before the Supreme Court, in tandem with a parallel case involving the University of North Carolina. The parties to the case have just submitted a briefing schedule that would put the case over onto the fall 2022 calendar — after Breyer has left the Court. If Jackson were nominated and confirmed by October, she could potentially be in a position to hear the case.