An examination of Supreme Court nominee Ketanji Brown Jackson’s record as a federal judge on labor and employment cases belies any particular bias against corporations and instead shows more positive outcomes for employers than employees.
Jackson, who at one time clerked for retiring Justice Breyer, began her judicial career in the United States District Court for the District of Columbia after being nominated by then President Obama. To fill the seat left by Merrick Garland, who is now serving as Attorney General, Jackson was then moved up to the D.C. Circuit Court of Appeals by President Biden.
During her time at the D.C. District Court, Jackson made headlines with several rulings that went against the Trump administration. Such rulings included a decision nullifying provisions in three Trump executive orders on the basis that they conflicted with federal employee collective bargaining rights. That decision was later reversed by a unanimous D.C. Circuit Court of Appeals. At the district level, Jackson also negated several provisions of a Trump NLRB rule changing union election procedures, including lengthening the time between a petition being filed and an election being held.
A full examination of Jackson’s record in labor and employment cases, however, paints a more nuanced picture that skews more in favor of employers in employment law cases. For example, as first reported by the Associated Press, in 40 labor and employment cases heard by Jackson since 2013, Jackson ruled for the defendant employer 30 times (in some cases the government was the employer). In employment discrimination, retaliation, and harassment cases in particular, Jackson has often sided with employers, including dismissing several claims at the summary judgment stage.
Outlook: Although Jackson has ruled for organized labor in a handful of labor relations cases, her track record in employment law cases indicates that Jackson is willing to rule in favor of employers. Jackson is likely to be confirmed to the Supreme Court by the Senate, where Democrats hold a slim majority and a handful of Republicans have already indicated some level of willingness to vote yes on her nomination.