Ketanji Brown Jackson has been voted in as a Supreme Court Justice—the first Black woman to serve in that role. But, to reach this milestone, Jackson has faced enormous hurdles at every turn, including confirmation hearings that featured blatant political grandstanding and barely disguised race-baiting. Nominations have become so partisan that, on both the left and the right, the Court itself is commonly viewed as merely a tool of the party that picked its members, and several polls report a decline in public confidence in the Court. “The real political end” of the attacks on Brown Jackson, Hill believes, “is to denigrate her personally, honestly, but also to really reduce the validity of any opinions that she ultimately writes. Even though . . . many of her opinions will be dissenting opinions, dissenting opinions can carry a lot of weight.” Meanwhile, Justice Clarence Thomas’s decision not to recuse himself from cases related to the January 6th insurrection, even after it came to light that his wife Ginni Thomas actively sought to influence Trump Administration officials to try to overturn the Presidential election, also undercuts the court’s impartiality. It seems that the reputation and independence of the Court is in serious trouble. 

Anita Hill, a professor of social policy, law, and women’s studies at Brandeis University, spoke with David Remnick about the Ketanji Brown Jackson hearings, along with the staff writer Jane Mayer, who is reporting on the Ginni Thomas controversy. (Hill, who testified in the 1991 Thomas nomination hearings, has declined to speak about his stance on recusal.)