Biden’s SCT Nominee is Ketanji Brown Jackson




The only Indian law opinion we can find that Judge Brown Jackson wrote was in Fredericks v. Dept. of the Interior, a dispute over gas royalties at Fort Berthold.

The second Indian law opinion we found after actually making an effort to look is Mackinaw Band v. Jewell, where the court ordered the tribe to exhaust administrative remedies in a federal recognition suit:

Judge Brown Jackson also wrote an opinion in a pro se prisoner FOIA request to the Bureau of Indian Affairs, Kovalevich v. BIA. Judge Brown Jackson also rejected a facial challenge in Rothe v. Dept. of Defense to Section 8(a) of the Small Business Act that benefits many tribes and tribal businesses. In Sierra Club v. Army Corps, she excused the government from having to prepare an Environmental Impact Statement to assess environmental impacts from the approval of a domestic pipeline, a case that recalls the Dakota Access decision, which reached the opposite conclusion.

Judge Brown Jackson clerked for Justice Breyer in the 1999 Term, when Rice v. Cayetano was decision (Breyer went the wrong way on that one).

Judge Brown Jackson also clerked for First Circuit Judge Selya from 1999 to 2000. Judge Selya wrote the opinion in Ninigret Development v. Narragansett Indian Wetuomuck Housing Authority, where the court rejected a tribal sovereign immunity defense from a contract dispute.