A historical revelation sheds light on President Joe Biden's role in potentially delaying the appointment of the first Black female Supreme Court Justice two decades ago.

Townhall reports on the story of Janice Rogers Brown, a highly qualified jurist whose path to the Supreme Court was allegedly obstructed by then-Senator Joe Biden in 2003.

This contrasts with Biden's recent commitment to nominating a Black female to the Supreme Court, which resulted in the appointment of Justice Ketanji Brown Jackson.

Brown's background is notable for its similarity to the inspiring stories often celebrated by Supreme Court nominees. The daughter and granddaughter of sharecroppers, she was born in Alabama during the Jim Crow era and worked her way through college and law school as a single mother.

Brown's Impressive Legal Career Path

Brown's legal career was marked by significant achievements and broad experience. After graduating from UCLA Law School in 1977, she served in various capacities, including as California deputy attorney general in both criminal and civil divisions.

Her roles also included being the general counsel for the California Business, Transportation and Housing Agency, working as a law professor, and engaging in private practice.

In 1994, Republican Governor Pete Wilson appointed Brown to the California Court of Appeals. Two years later, she was elevated to the California Supreme Court. Despite being appointed by a Republican governor and her reputation as a conservative jurist, Brown retained her position with 76% of the vote when she ran for reelection, surpassing the percentage received by other appointees in that election cycle.

During her tenure on the California Supreme Court, Brown distinguished herself by writing more majority opinions than any other justice on the court, further cementing her reputation as a skilled and prolific jurist.

The Controversial Nomination Process

The controversy surrounding Brown's potential Supreme Court nomination began in 2003 when President George W. Bush nominated her to the U.S. Court of Appeals for the District of Columbia Circuit. This court is particularly significant as it has been a stepping stone for several Supreme Court Justices.

Despite having majority support in the Senate, Brown's nomination was met with a filibuster led by then-Senator Joe Biden. Columnist Robert Novak described this action as "the first full-scale effort in American history to prevent a president from picking the federal judges he wants."

President Bush persisted and renominated Brown, but Biden continued to oppose her confirmation. Eventually, she was confirmed to the D.C. Circuit Court of Appeals, but the controversy didn't end there.

Biden's Continued Opposition And Its Impact

When Justice Sandra Day O'Connor retired months later, Brown was reportedly on the shortlist to replace her. However, Biden appeared on CBS' "Face the Nation" and threatened to again filibuster a Brown nomination if she were to be put forward for the Supreme Court. This public stance allegedly led President Bush to back down from nominating Brown.

During Ketanji Brown Jackson's confirmation hearing, Senator Lindsey Graham brought up the story of Janice Rogers Brown, highlighting the contrast between her treatment and the celebration surrounding Jackson's nomination. Graham's questioning revealed that Jackson was unaware of Biden's past actions regarding Brown's nominations.

Graham asked Jackson: "Did you know that Joe Biden actively filibustered Janice Rogers Brown?" Jackson replied, "I did not know that."

The Irony Of Biden's Current Stance

As President, Joe Biden pledged to nominate a Black woman to the Supreme Court, a promise he fulfilled by selecting Ketanji Brown Jackson. This decision was widely praised, with Sunny Hostin, co-host of ABC's "The View," expressing her emotional response to Jackson's confirmation hearing on social media.

Biden's recent criticism of the filibuster as a "relic of the Jim Crow era" adds another layer to the discussion, especially given his past use of the filibuster to block judicial nominees, including Janice Rogers Brown, about 20 years ago.

Janice Rogers Brown's case brings attention to the changing nature of political views and the history of judicial appointments. Biden’s opposition to Brown’s nomination back then contrasts with his recent promise to appoint a Black woman to the Supreme Court.

Some argue that without Biden’s opposition, Janice Rogers Brown might have been the first Black female Supreme Court Justice, achieving the milestone long before Ketanji Brown Jackson’s historic appointment.