America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022

Floor Speech

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Ms. WARREN. Mr. President, I rise today in support of Judge Ketanji Brown Jackson, President Biden's nominee to be an Associate Justice of the U.S. Supreme Court.

Judge Jackson brings an exceptional level of experience to the bench. After serving for nearly 8 years on the U.S. District Court for the District of Columbia, Jackson has more trial court experience than any sitting Supreme Court Justice and more than almost any Justice in a century. She will also be only the second sitting Justice to have served on all three levels of the Federal judiciary.

Judge Jackson's nomination is historic. If confirmed, she will be the first Black woman to sit on the Supreme Court, bringing a long overdue representation to the Bench. After serving as an assistant Federal public defender in Washington, DC, Judge Jackson will also be the first former Federal public defender to serve on our Nation's highest Court.

It matters that someone nominated to sit on our Nation's highest Court has represented people other than corporate clients. It matters that someone nominated has had real experience with people who can't afford lawyers. It matters that someone nominated has had real experience in fighting for the public interest.

The Sixth Amendment of our Constitution grants criminal defendants the right to have the assistance of counsel in their defenses, but it wasn't until 1963, in Gideon v. Wainwright, that the Supreme Court unanimously ruled that the Constitution required State courts to appoint lawyers for defendants who could not otherwise afford one.

Now, some Republicans have complained about the very idea of having a public defender on the Supreme Court, but their objections run squarely afoul of the meaning of the Constitution. This fundamental constitutional right to counsel is safeguarded by the work public defenders do every single day. Public defenders are literally on the frontlines of helping America live up to our constitutional ideals. Every American who supports and defends the Constitution should welcome a Supreme Court Justice who has worked so hard to turn our constitutional ideals into reality.

When asked about her work as a public defender, Judge Jackson said:

Every person who is accused of criminal conduct by the government, regardless of wealth and despite the nature of the accusations, is entitled to the assistance of counsel.

Judge Jackson restates a foundational constitutional point, one that she has lived--up close and personal.

Public defenders understand better than anyone that none of us should be defined by the worst thing we have ever done. Everyone, regardless of who they are or what they have been accused of, deserves a lawyer. Our legal system, as imperfect as it may be, strives to deliver equal justice under law. It is only because of the commitment of public defenders, civil rights attorneys, and legal aid lawyers that we can aspire to achieving that ideal.

That is why we need Judge Jackson's expertise on the Supreme Court, and that is why, for a long time now, I have called for prioritizing professional diversity on our Federal bench.

For far too long, our Federal judiciary has been dominated by those who only have experience representing the wealthy and well connected, but what about those who don't have money or influence? We need more judges with experience in representing the voiceless and the disadvantaged. The makeup of our Federal and State courts has never fully reflected the American people. Over time, this lack of representation has formed cracks in the foundation of our legal system--cracks that weaken public trust and threaten the legitimacy of our institutions.

A diverse judiciary matters. Judges--all judges--draw on their past personal and professional experiences when analyzing the law and reviewing the facts of individual cases. Judges who have experience as public defenders, civil rights attorneys, and legal aid lawyers are well equipped to understand the circumstances that bring everyday Americans into courtrooms. It is that background that strengthens public trust and that reinforces the legitimacy of our judicial system.

Supreme Court Justice Elena Kagan said it best:

If the court doesn't have legitimacy with the American public, it can't do all that much. All kinds of different people should be able to look at the court and say, ``I see somebody there who looks like me, who thinks the way I do, who has experiences of the kind that I had.'' And that's the kind of thing that gives the court public legitimacy.

Justice Kagan is right. Our judiciary will, undoubtedly, be made stronger because of Judge Jackson's confirmation to the Supreme Court.

It is not only her work as a public defender that informs Judge Jackson's experience. Prior to joining the bench, Judge Jackson served first as an assistant special counsel and, later, as the Vice Chair of the U.S. Sentencing Commission. These experiences give her deep insight into the sentencing guidelines and enhance her ability to think critically about our criminal legal system's impact on ordinary people.

Judge Jackson's first stint on the Commission inspired her to become an assistant Federal public defender in order to gain practical, firsthand insight into our criminal legal system. Her work in the trenches, representing those without means or power, provided Judge Jackson with an invaluable perspective into our system of justice, and it gave her the opportunity to effectuate the fundamental right to counsel, which is outlined in our Constitution.

I look forward to supporting her confirmation, and I urge all of my colleagues to do the same.

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