Ketanji Brown Jackson, one of the women reported to be on President Biden's short list to replace Supreme Court Justice Stephen Breyer, is facing heightened scrutiny over a judicial record that includes high-profile rulings later overruled by higher courts. 

Brown Jackson's record was a focal point last year during her confirmation for a seat on the U.S. Circuit Court of Appeals for the District of Columbia, where she now sits. The 51-year-old judge is widely considered one of the favorites to replace Breyer


Judge Ketanji Brown Jackson

Judge Ketanji Brown Jackson listens to arguments as high school students observe a reenactment of a landmark Supreme Court case at U.S. Circuit Court of Appeals in Washington (Bill O'Leary/The Washington Post via Getty Images/File)

"Judge Jackson's record of reversals by the left-leaning D.C. Circuit is troubling for anyone concerned about the rule of law," Judicial Crisis Network president Carrie Severino told Fox News Digital on Tuesday. "For example, in Make the Road New York v. Wolf, a D.C. Circuit panel composed of a majority of Democratic nominees concluded that Jackson had set aside a Trump administration rule where there was no legal basis to do so."

"Cases like these suggest that Jackson might be willing in politically charged cases to ignore the law to deliver a particular policy outcome, and that's not what we want to see from a Supreme Court justice," she continued.

During Jackson's 2021 confirmation for her current position, conservatives pointed to her track record of overturned rulings. 

biden, washington

President Joe Biden speaks about the COVID-19 vaccination program from the White House campus on July 6, 2021. (AP Photo/Evan Vucci)

One 2019 case involved an order that expanded the Department of Homeland Security’s (DHS) definition on which noncitizens could be deported. Another overturning involved a trio of orders on federal employees’ collective bargaining power.

Jackson's DHS ruling was overturned in a 2-1 decision by the D.C. Circuit Court, which said reviewing the DHS policy did not fall under the Administrative Procedure Act.

The judge's ruling on the three collective bargaining orders was overturned unanimously b;y the D.C. Circuit Court, which ruled that Jackson did not have jurisdiction to adjudicate the case. 

While the overturning of Jackson’s cases presents a potential roadblock to her confirmation, the overturning of cases can happen for a number of reasons, including some that have nothing to do with the decisions themselves.


Senate Republicans are likely to point to her string of overturned cases should she get the nomination.

Biden last week promised to choose his Supreme Court nominee based on her race and sex.