If confirmed, Jackson would be the first Black woman to serve as a Supreme Court justice. She would replace Justice Stephen Breyer, who announced in January he would retire this year.

, interim dean of the ����Ӱ�Ӵ�ý School of Law, and , assistant professor of American ethnic studies at the UW, note the importance of Jackson’s nomination and the breadth of her legal experience, and they point out what to watch for in the hearings.

“Judge Jackson is a historically significant choice as a justice. She would be the first Black woman to serve on the Court, and only the third Black justice and the sixth female justice out of well over a hundred justices,” said Porter, who clerked for Justice Ruth Bader Ginsburg in the early 2000s. “Judge Jackson’s appointment would have enormous symbolic meaning, not only for the Court and the entire legal profession, but for our entire nation, which has a long history of using law as a tool of discrimination.”

Jackson brings a “stellar record and an extraordinary range of experiences,” including her years as a federal public defender, said Levy. That’s invaluable experience “in relation to how everyday people — non-elites — must navigate the legal system,” Levy said.

But while much attention has been focused on Jackson’s potential to be the first Black woman on the court, Levy sees many angles to both the concept of “the first,” as well as how senators in the confirmation hearings, and society at large, will respond.

“Jackson’s confirmation hearing will hold a mirror up to this nation. I suspect we will see this country’s longstanding contradictions take center stage, especially as they pertain to the myths of merit and colorblindness. The hearing will also show the extent to which our nation’s representatives actually believe in the U.S. Constitution when it comes to the right to legal representation for all,” Levy said.

Additional comments from Levy and Porter:

On what Jackson would bring to the court:

LL: “She shares a pedigree in terms of matriculating through Ivy League institutions, which satisfies the elitism of U.S. politics whereby having a degree from Harvard or Yale provides access to the levers of power, especially the Supreme Court. Coupled with her years of service on the United States Sentencing Commission, her work in public defense has given her keen insight into the devastating gaps in the legal system and the myriad ways justice is denied and unevenly applied, especially when it comes to indigent defendants who are routinely discarded and dismissed.

I also think it matters that she is a dark-skinned woman named Ketanji who wears her hair in sisterlocs. Her image is quite powerful in a culture that defines professional presentation according to Eurocentric standards and colorism. But symbolic representation has its limits.”

EP: “Judge Jackson would bring substantial experience in private practice and remarkable experience as a government attorney to her role as a justice. She currently serves as a federal appellate judge in the D.C. Circuit. Earlier, she worked as a federal district court judge, as a member of the U.S. Sentencing Commission, as a law clerk for Justice Stephen Breyer – whose seat she would take on the Court – and as a federal public defender. If confirmed, she would be the first federal public defender to serve on the Court.”

On how Jackson could make a mark on a conservative-majority Supreme Court:

LL: “Based on her record and lived experiences, I expect Jackson will argue in ways that will expand our interpretations of justice for all. Her multifaceted experiences with all sides of the legal system give her direct insight into how race, money, and access make a world of difference in the uneven distribution of justice.

Undoubtedly, Jackson will make an indelible contribution to the protection of women’s reproductive rights given her commitment to precedent. Other critical issues on the horizon include affirmative action, sentencing reform, voting rights and health care. I also anticipate some moderation.”

EP: “As a justice, Ketanji Brown Jackson will absolutely make a mark, even with a conservative majority. There are only nine justices, so every individual – every voice – influences the Court’s decisions. The justices’ decisions also have varying influence over time. Despite the Court’s deep respect for its own precedent, concurring or dissenting positions today may become majority opinions in the future.”

On the likely challenges to Jackson’s nomination:

EP: “I do not see any valid challenges to Judge Jackson’s nomination to the Court. She is undoubtedly qualified, and she was confirmed by the Senate just last year for her current job as a D.C. Circuit judge. Some critics have voiced concern about her work as a public defender, particularly her work defending Guantánamo Bay detainees. I disagree with those criticisms. Public defenders are vital to a fair and impartial judicial system.”

On what to watch for in the confirmation hearings:

LL: “For one, she has already been asked what role race plays in the kind of judge she is as if white men are not raced. The irony is white men have used their power to exclude highly qualified women and minoritized populations from the halls of power for more than two centuries, and we call it merit. Since Jackson’s nomination, we have heard critics conflate Blackness with handouts and lower standards or some perverse notion of identity politics. It will be interesting to watch how Republicans will maneuver to undermine her illustrious legal career by questioning her qualifications despite the unequivocal facts on file.

Just as the election of the first Black president unveiled the ugly underbelly of American racism, I expect nothing less for the nation’s first Black female justice. The claims that her rise is the result of some “radical left” strategy to undermine American institutions is an outrageous distortion. She will be widely celebrated, but she will face racist and sexist vilification as well.”

EP: “In recent years, Supreme Court and judicial nominees have been unwilling to answer questions that might pertain, even indirectly, to cases that would come before the Court, and in that sense the hearings may not be very revealing.

I look forward to hearing Judge Jackson discuss her approach to the Constitution. In her nomination hearings, Justice Amy Coney Barrett explained that she understands the Constitution ‘to have the meaning that it had at the time people ratified it.’

In contrast to that ‘originalist’ approach, Justice Ruth Bader Ginsburg and Justice Stephen Breyer are both proponents of a ‘living Constitution’ that evolves over time to meet the needs and ideals of a changing nation and world, while remaining respectful of the past. As Justice Ginsburg explained, ‘People who were left out at the beginning – slaves, women, men without property, Native Americans – were not part of ‘We the people.’ Now, all the once-left-out people are part of our political constituency. We are certainly a more perfect union as a result of that.'”

Porter is available for media interviews at egporter@uw.edu. For additional UW experts on the Supreme Court, contact Kim Eckart at UW News, keckart@uw.edu. 

Juneteenth not only marks a specific event on a specific date — June 19, 1865 — it’s also a celebration.

On that date, two months after the Confederate army surrendered, and more than two years after President Lincoln signed the Emancipation Proclamation, a Union general accompanied by nearly 2,000 soldiers arrived in Galveston, Texas, and read what are known as General Orders No. 3, officially informing enslaved people of their freedom. Ever since, communities have been celebrating Juneteenth with events ranging from family get-togethers to large concerts, festivals and parades. This week, President Biden signed a law making Juneteenth a national holiday.

But there are myths and omissions surrounding the telling of Juneteenth and that period in history, according to , an assistant professor of American ethnic studies at the ����Ӱ�Ӵ�ý, and it’s critical to understand the past and present need to fight for, and celebrate, Black freedom.

“Juneteenth celebrations are a good time, but they also serve to educate and reeducate the community about Black history and local struggles,” said Levy. “It has been a time for Black communities to reflect on the myriad ways in which Black life and opportunity are continuously curtailed in this nation. Alongside the celebration and jubilation is often a call to action.”

Levy discussed the history of Juneteenth, and its connections to current events, with UW News.

How should people observe Juneteenth?

For me, Juneteenth is a time to celebrate African Americans who fought to save the Union and to liberate themselves from generations of chattel slavery. Juneteenth continues to be a day in which Black families and communities come together in the spirit of jubilation and liberation to honor the valiant fight of our ancestors and a longstanding tradition of Black resilience.

There are no rules for observing Juneteenth, but for people who are not Black, I would encourage education and action. Everyone should read “Black Reconstruction” by W. E. B. DuBois, which gives a brilliant account of the history of the Civil War and Reconstruction as well as rigorous documentation of what he calls “the propaganda of history.” Then do something! There are battles still being waged on all fronts. Find out where you can lend your resources and talents and fight.

What do people not know about Juneteenth?

The account of General Granger’s actions in Galveston, and the common understanding of the Emancipation Proclamation, perpetuate historical myths and notions of white saviors.

The national interest in Juneteenth means that we have to be ever-vigilant in how we tell this history. It is our responsibility to tell the full story and think critically about what Juneteenth reveals to us about the history of the Civil War and racial slavery.

For example, President Lincoln’s Emancipation Proclamation freed no one. Lincoln had no real authority to free the slaves in the Confederacy. It began as a threat only to the states in rebellion and was signed on Jan. 1, 1863 as a military strategy. Slavery was not abolished, officially, until the ratification of the 13^th Amendment in December 1865. What the Emancipation Proclamation did do was proclaim it legal for Black men to serve in the federal military. This is what made all the difference. Black men had organized and trained themselves to fight from the very start, but they were turned away until the Union was desperate enough to enlist them and to free the slaves in rebel states. Black women also played a critical role as volunteers, scouts and spies.

What we also tend to ignore about Juneteenth is that white resistance to Union victory —- not the slow traveling of news — is why Granger and his troops, including Black soldiers, made their way into Texas in the first place. It was the last state of the Confederacy to recognize General Robert E. Lee’s surrender at Appomattox in April 1865, usually considered the official end of the Civil War. And it was the 29^th Colored Infantry Regiment that defeated Lee at Appomattox and likely traveled to Galveston with Granger. But we never learn about the 29^th Colored Regiment, nor do we talk about Black contributions to winning the Civil War and saving the Union.

How is Juneteenth taught in school?

The curriculum does not usually teach even the basics of African American history and is derelict in teaching Black contributions to the Civil War. Perhaps growing awareness around Juneteenth will inspire educators to offer lessons on this holiday. But if they follow the typical narratives of Black passivity and a lone white savior and slow-traveling news, then teaching Juneteenth will do more harm than good.

Our K-12 teachers must be empowered to teach the ugly, messy truth of our history, so that our students understand the world they live in and are inspired to transform it. Young people should not have to wait until they take a college course in ethnic studies or African American studies to learn this history.

Washington is one of a handful of states that have designated Juneteenth a paid state holiday. Is that significant?

I am having trouble identifying the significance of Washington, or any state for that matter, adopting Juneteenth as a paid state holiday. We will have to wait and see what comes out of it. Will it raise the level of consciousness around the persistent struggle for Black people in this nation, including in the state of Washington? What is the state doing about gentrification, unaffordable housing, police violence, racial disparities in the cannabis industry, and miseducation in our schools?

A paid state holiday may offer a day of relief and thanksgiving for Black employees who are too often navigating the stress of anti-Black racism at work. For others, I’m not sure. I fear that this national recognition on the state level will simply open up more avenues for commodification and co-optation rather than serious engagement of what it means to be free and what it will take for this nation to recognize and respect the civil and human rights of Black folks. Like MLK Day, state recognition of Juneteenth will probably lead to the watering down of history. We’ll need to combat that.

As a scholar of African American history, can you describe the current, and growing, awareness of and movements for social justice, and against police violence and systemic racism?

Awareness around Juneteenth exploded this past year as a result of Black resistance to state violence and anti-Black racism. After the world was forced to grapple with the ruthless murder of Ahmaud Arbery and the shooting of Breonna Taylor, it was all too much. People who may have been unmoved or unbothered by these routine killings over the last several years, began to take notice because of the global pandemic that ultimately stilled enough people to stop and pay attention.

Then in late May, the world watched an officer of the law slowly and intentionally murder George Floyd as he pled for his life and bystanders pled along with him. The wickedness of the matter at that point, and in that moment, was undeniable. And the people rose up. And not just Black people. People from all backgrounds, all across the world, took to the streets in a global pandemic and said enough! And what a shame. It was a shame that families and communities had to risk their health in the middle of a public health crisis around a deadly virus. They poured into the streets anyway to protest police violence.

It was in this deadly context that Juneteenth 2020 attracted greater attention. For the first time, masses of non-Black people cared to pay attention. Institutions and corporations held forums and scheduled speakers to learn about Juneteenth.

Notably, the Trump campaign scheduled a rally on Juneteenth in Tulsa, Oklahoma, the site of one of the most horrific events of racial terror in the country in 1921. People resisted the blatant disregard for Black life, and what appeared to be the sanctioning of white violence.

Trump took credit for popularizing Juneteenth by saying “no one knew about it.” Well, for 155 years, Black people knew about it and have been celebrating the power of our people, and have not needed validation from the state or anyone else to do so.

Our work is not done. The challenges for our times are vast and the stakes are high. In 2021, we see very clearly, without a shadow of doubt, escalation in the assault on voting rights. We see the rise and normalization of white nationalism in the political mainstream. We see the calculated demonization of #BlackLivesMatter and a deliberate campaign to misrepresent the movement. We see propaganda intended to grossly distort the scholarly tradition of critical race theory in order to justify white resentment and fear of antiracist education. For our times, Juneteenth is an occasion for unapologetic Black joy, community connection and reeducation. It is also an opportunity to get organized because the struggle for Black freedom continues.

For more information, contact Levy a levyl@uw.edu.