Judge Ketanji Brown Jackson and the Future of Labor and Employment Law

As confirmation hearings begin for the U.S. Supreme Court nominee Judge Ketanji Brown Jackson, we look forward to the possibility of two historic firsts: the first Black female justice and the first time that white men are not the SCOTUS majority. Senate members on both sides of the aisle expect her to be confirmed. 

Labor unions have supported President Biden’s nomination, expecting Judge Jackson to favor employees in business and labor cases. However, as the Associated Press reports, Jackson’s rulings defy those expectations.

Ted Ruger, dean of University of Pennsylvania Carey Law School, worked with Jackson on the Harvard Law Review. “Like any judge who follows the law and listens to the evidence in the case, she may disappoint some who always want a predictably liberal outcome,” he said. American University constitutional law professor Lisa Epperson, who was a Harvard undergraduate with Jackson, agrees. “She has a reputation of fairness and impartiality, and she seems to be guided by fidelity to fact and law.” 

During her 2021 circuit court nomination, Jackson wrote, “I do not have a judicial philosophy per se, other than to apply the same method of thorough analysis to every case, regardless of the parties.” As a district judge, she said, she considered both sides’ arguments, relevant law, and precedent. “I have consistently applied the same level of analytical rigor to my evaluation of the parties’ arguments, no matter who or what is involved in the legal action.” Her case history has been more favorable to employers than plaintiffs, but she readily rules for employees when the defense fails to present a relevant and thorough argument.

Of course, past opinions are not necessarily indicative of how the judge will rule in the future. You can be certain, however, that your employment lawyer can guide you in how Supreme Court decisions affect your business. As always, we are happy to help.