Justice Ketanji Brown Jackson has made history as the first Black woman confirmed to the U.S. Supreme Court. Both her confirmation hearings and her history as a judge underscore a larger issue: Justice can’t exist without listening.
The hearings brought the brokenness of the proceedings to light, with many speaking over her and failing to listen. This reflects, in particular, a profound misunderstanding of the procedures necessary to uphold the legitimacy of the judicial system. Listening is an underemphasized pillar of justice. While many people might think of the judicial system as a mechanism of distributive justice (allocating rewards and punishments appropriately), procedural justice (fair process and treatment) can serve as a stronger motivator of law-abiding behavior in its citizens.
In her opening speech, Jackson said her nearly 600 written legal decisions tend to be lengthy because she is committed to transparency. She stated she wants “each litigant to know that the judge in their case has heard them, whether or not their arguments prevail in court.”
