This isn't the first time a judge's greatest asset is being called a liability.
accepting President Biden’s nomination to the Supreme Court, Judge Ketanji Brown Jackson thanked family, friends, colleagues, law clerks, and mentors—but saved her last expression of gratitude for Constance Baker Motley.
But the parallels run deeper still: Jackson, an eminently qualified jurist, was already facing mischaracterizations of her extensive courtroom experience. They began before she was nominated for the court, a repeat of what Motley endured more than five decades before. , a unanimous 1961 decision establishing the right of defendants in capital cases to assistance of counsel at arraignment.But Motley was passed over for a seat on a federal appeals court because opponents of her nomination turned her greatest asset into a liability, recasting her work to fulfill the promise of the Equal Protection Clause of the Constitution’s Fourteenth Amendment as “bias.”
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