Earlier this week, President Joe Biden revealed the first 11 judicial nominees of his presidency. Included in this list was U.S. District Judge Ketanji B. Jackson, who President Biden nominated to fill a vacancy on the D.C. Circuit. Many commentators are speculating that with this potential elevation, Judge Jackson would become a leading contender for a future U.S. Supreme Court opening.
We post about Judge Jackson specifically on this blog based on Judge Jackson’s prior decision, in 2020, in which she blocked a number of proposed changes to the NLRB’s election rules. Specifically, On May 30, 2020, Judge Jackson (then of the United States District Court for the District of Columbia) issued an order enjoining implementation of five aspects of the 2019 Amendments. In particular, Judge Jackson enjoined rules surrounding the timing of both union election dates and voter lists; the eligibility of election observers; the time frame under which NLRB regional directors certify workers’ bargaining representatives; and the reinstitution of hearings before elections so parties can resolve issues pertaining to voter eligibility.
Judge Jackson has also had the opportunity to weigh in on behalf of workers’ rights in other matters. For example, in AFGE, AFL-CIO v. Trump, Judge Jackson overturned three Trump executive orders which limited the rights of federal employees to bargain collectively and engage with union representatives.
Based on these rulings, Judge Jackson is generally seen as a friend to organized labor.