Ketanji Brown Jackson, a prominent Democratic candidate for a future Supreme Court opening, is one of three judges considering former President Trump’s attempt to prevent a congressional demand for records linked to the Jan. 6 attack, The Hill reports.
If Jackson survives a contentious Supreme Court confirmation process, her vote in the potentially significant constitutional case would likely be the most distinctive characteristic of her judicial record. She has only been on the D.C. Circuit Court of Appeals for six months.
Ketanji Brown Jackson is largely seen as a top candidate to succeed Justice Stephen Breyer, 83, if he decides to retire during Biden’s administration. Biden promised to name the first Black female Supreme Court judge during his 2020 campaign, and many court observers regard Jackson, a former Breyer clerk, as a logical successor to the oldest justice of that court.
The impending case, which will be handled by Ketanji Brown Jackson and two other appellate judges, is fraught with political implications: The first-of-its-kind legal battle pits congressional Jan. 6 prosecutors against Trump, a former president, and de facto Republican Party leader, and may set a significant precedent for defining the government’s political branches.
The dispute emerged as a result of a subpoena issued by the House select committee investigating the Capitol attack for data connected to Trump’s tenure in office, including as phone records and visitor logs.
A federal court in Washington, D.C. rejected Trump’s plea to stop the request earlier this month. Among the former president’s claims was an assertion of executive privilege over the documents, which was severely undermined by President Biden’s unwillingness to support it.
Trump immediately filed an appeal with the D.C. Circuit Court of Appeals. Trump v. Thompson, his case, was subsequently allocated at random to Jackson and two other Democrat-appointed justices, Patricia Millett and Robert Wilkins.
The case, which the court will decide on Tuesday, has tremendous legal and political ramifications.
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