The Poynter Institute Menu Donate State Editions * California * Florida * Iowa * Michigan * New Hampshire * New York * North Carolina * Pennsylvania * Texas * West Virginia * Wisconsin Issues * All Issues * Online hoaxes * Coronavirus * Health Care * Immigration * Extremism * Taxes * Marijuana * Environment * Crime * Guns * Foreign Policy * LGBTQ+ People * Joe Biden * Kamala Harris * Donald Trump * Mitch McConnell * Hakeem Jeffries * Ron DeSantis Media * PunditFact * Tucker Carlson * Sean Hannity * Rachel Maddow * Bloggers * PolitiFact Videos Campaigns * 2024 Elections Truth-o-Meter * True * Mostly True * Half True * Mostly False * False * Pants on Fire Promises * Biden Promise Tracker * Trump-O-Meter * Obameter * Latest Promises About Us * Our Process * Our Staff * En Español * Who pays for PolitiFact? * Advertise with Us * Suggest a Fact-check * Corrections and Updates * Newsletters Donate #### Follow us The Facts Newsletter Sign up English Español ### Get PolitiFact in your inbox. * Weekly Email Newsletter * Daily Email Newsletter Your Email Address Sign Up ![](\\" ![](\\" Viral image stated on March 25, 2022 in a Facebook post: Republicans “nominated the 1st Black woman to the SCOTUS & she was BLOCKED & filibustered by… Joe Biden.” ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") * Supreme Court * Facebook Fact-checks * Viral image ![\\"Ciara](\\" By Ciara O\'Rourke March 28, 2022 # No, Janice Rogers Brown wasn’t the first Black woman nominated to the Supreme Court #### If Your Time is short * Janice Rogers Brown was never nominated to the Supreme Court, but she was considered a contender to replace Justice Sandra Day O’Connor. President George W. Bush chose Judge Samuel Alito to replace O’Connor. * Biden in 2005 said Brown would probably be filibustered if Bush did tap her for a seat. Biden was also among Senate Democrats who filibustered Brown’s nomination to a federal appeals court. See the sources for this fact-check News reports have described Judge Ketanji Brown Jackson’s bid to the U.S. Supreme Court as \"historic\" because she is the first Black woman to be nominated to serve as a justice. But some social media posts are claiming that a Republican president was the first to take that step, not President Joe Biden, who announced on Feb. 25 that he had selected Jackson as his nominee to succeed retiring Justice Stephen Breyer. \"Remember when the Republicans nominated the 1st Black woman to the SCOTUS & she was BLOCKED and filibustered by Joe Biden?\" one March 25 Facebook post said. \"FRAUD,\" read another post that has since been edited. \"It was Republicans who nominated the 1st Black woman to the SCOTUS & she was BLOCKED & filibustered by… wait for it……Joe Biden. Media: Crickets.\" That post included a photo of Judge Janice Rogers Brown. These posts were flagged as part of Facebook’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Facebook.) First: Brown, a Black woman, was never nominated to the Supreme Court. She was considered a potential contender to replace the first woman on the Supreme Court, Sandra Day O’Connor, when O’Connor retired in 2006. Biden, then a U.S. senator, said on a July 3, 2005, episode of \"Face the Nation\" that if Bush nominated Brown, \"I can assure you that would be a very, very, very difficult fight and she probably would be filibustered.\" But that moment never came to pass because then-President George W. Bush initially nominated Judge John Roberts to succeed O’Connor. Following the death of Chief Justice William Rehnquist, Bush said he wanted Roberts to be confirmed as Rehnquist’s replacement instead. Bush then nominated White House counsel Harriet Miers for O’Connor’s spot, but after Miers requested that the president withdraw her nomination amid criticism that she was unqualified to serve on the highest court, Bush nominated Judge Samuel Alito, who was confirmed in 2006. #### Featured Fact-check ![](\\" ![](\\" Facebook posts stated on August 30, 2024 in a post \"Samsung drops out of $1 billion advertising campaign with Olympics.\" ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") By Kwasi Gyamfi Asiedu • August 2, 2024 A few years earlier, on July 25, 2003, Bush nominated Brown, then an associate justice on the California Supreme Court, to the U.S. Court of Appeals for the District of Columbia Circuit. At the time, Republicans held a 51-48 majority in the Senate but they struggled to get the 60 votes needed to end debate and vote on judicial nominees. Democrats were filibustering several of Bush’s nominees to prevent them from joining a federal bench, and in November 2003, Democrats signaled they would do the same to Brown, reported the Chicago Tribune, which called the judicial filibusters \"unprecedented in Senate history.\" Biden was among the 43 senators to vote against ending debate on Brown’s nomination, and that filibuster ultimately lasted for two years until a group of senators reached a bipartisan agreement that cleared the way for her confirmation. Biden again voted against ending debate on the nomination but the motion passed, and Brown was confirmed on June 8, 2005, with a vote of 56-43. Biden also voted against her nomination. _RELATED VIDEO_ Our ruling A Facebook post says \"Republicans nominated the 1st Black woman to the SCOTUS & she was BLOCKED and filibustered by Joe Biden.\" The post gives the misleading impression that Biden filibustered Brown’s Supreme Court nomination, and that’s wrong. Brown was never nominated to the Supreme Court. She was considered enough of a candidate that Biden said she would probably be filibustered if Bush did tap her for the court. Biden was also among Senate Democrats who filibustered Brown’s nomination to a federal appeals court. But there was no Supreme Court nomination to filibuster. The Facebook post omits significant context and the main premise is wrong. We rate it False. #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources Facebook post, March 25, 2022 Facebook post, March 25, 2022 Smithsonian, What to Know About Judge Ketanji Brown Jackson’s Historic Nomination to the Supreme Court, March 1, 2022 Politico, Ketanji Brown Jackson is the first Black woman selected for the nation’s top court, Feb. 25, 2022 NPR, Black women form the first line of defense for a historic Supreme Court nominee, March 18, 2022 CNN, Biden nominates Ketanji Brown Jackson to be first Black woman to sit on Supreme Court, Feb. 25, 2022 NPR, Why Miers Withdrew as Supreme Court Nominee, Oct. 27, 2005 NPR, Alito\'s Supreme Court Nomination Confirmed, visited March 25, 2022 Supreme Court, Sandra Day O’Connor: First Woman on the Supreme Court, visited March 25, 2022 Ballotpedia, Janice Rogers Brown, visited March 25, 2022 NPR, Filling Two High Court Vacancies a Rare Task, Sept. 5, 2005 CBS News, Face the Nation, July 3, 2005 Chicago Tribune, Democrats threaten another judicial filibuster, Nov. 7, 2003 U.S. Senate, Supreme Court Nominations (1789-Present), visited March 26, 2022 ABC News, EXCLUSIVE: Women, Minorities Top Bush\'s Supreme Court Short List, June 4, 2007 U.S. Senate, Roll Call Vote 108th Congress - 1st Session, Nov. 14, 2003 U.S. Senate, Roll Call Vote 109th Congress - 1st Session, June 7, 2005 Congress.gov, PN201 — Janice R. Brown — The Judiciary, 2005-2006 Congress.gov, PN839 — Janice R. Brown — The Judiciary, 2003-2004 Berkeley Law, Janice Rogers Brown, visited March 26, 2022 The Washington Post, The GOP’s airing of grievances at Ketanji Brown Jackson’s hearing, March 22, 2022 CNN, Senators compromise on filibusters, May 24, 2005 U.S. Senate, Roll Call Vote 109th Congress - 1st Session, June 8, 2005 ## Browse the Truth-O-Meter ### More by Ciara O\'Rourke slide 4 to 6 of 15 ![](\\" Instagram_logo_2016.svg/322c808c00e73c217d17772ddd5a0eb5.jpg\\") ![](\\" Instagram_logo_2016.svg/8b142c91ebe468a84a192e6df2b7b994.jpg\\") Instagram posts stated on September 8, 2024 in an Instagram post: Video shows a Ku Klux Klan member at a rally for former President Donald Trump. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" ![](\\" Viral image stated on September 7, 2024 in a Threads post: Elon Musk said, “Anyone caught promoting propaganda will be suspended from X.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" ![](\\" Viral image stated on September 6, 2024 in a Facebook post: “Elon Musk to fund new anti-woke show featuring Tucker Carlson.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" logo-black-01/b6cedac93f6e57c68ecc025e5ec29d57.jpg\\") ![](\\" logo-black-01/438dbf066033f99de07598cbcc77ddcb.jpg\\") Threads posts stated on September 16, 2024 in an Instagram post: Taylor Swift “lost 17 million followers by endorsing Kamala.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 19, 2024 ![](\\" ![](\\" Facebook posts stated on September 16, 2024 in a Facebook post: “Country Music Television (CMT) has announced a permanent boycott of Taylor Swift.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 ![](\\" ![](\\" Viral image stated on September 11, 2024 in a Facebook post: “Disney World officially moving to Nashville.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 ![](\\" logo-black-01/b6cedac93f6e57c68ecc025e5ec29d57.jpg\\") ![](\\" logo-black-01/438dbf066033f99de07598cbcc77ddcb.jpg\\") Threads posts stated on September 16, 2024 in Threads post: Images show Sean Combs’ booking photos after Sept. 16 arrest. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 ![](\\" logo-black-01/b6cedac93f6e57c68ecc025e5ec29d57.jpg\\") ![](\\" logo-black-01/438dbf066033f99de07598cbcc77ddcb.jpg\\") Threads posts stated on September 16, 2024 in a Threads post: “Donald Trump posted this photo of Taylor Swift saying that she was crying because she lost over $150 million worth of merchandise.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 ![](\\" ![](\\" Viral image stated on September 13, 2024 in an Instagram post: Says Rep. Marjorie Taylor Greene said, “Who else thinks the downfall of America started with Barack Obama?” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 17, 2024 ![](\\" ![](\\" Viral image stated on September 16, 2024 in an X post: The FBI said it would “visit” Elon Musk for writing on X, “No one is even trying to assassinate Biden/Kamala.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 17, 2024 ![](\\" ![](\\" Facebook posts stated on September 15, 2024 in a Facebook post: Former President Donald Trump posted “0-2” Sept. 15 on Truth Social. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 16, 2024 ![](\\" ![](\\" Viral image stated on September 8, 2024 in a Threads post: “Elon Musk is going to expose Bill Gates soon, says ‘he’s evil.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" ![](\\" Facebook posts stated on September 6, 2024 in a Facebook post: “Gordon Ramsay calls Tim Walz a ‘woke creep,’ throws him out of Hell’s Kitchen.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" ![](\\" Viral image stated on September 7, 2024 in a Threads post: Photo shows Elton John wearing a “MAGA” jacket. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" ![](\\" Viral image stated on August 30, 2024 in a Facebook post: Video shows tornadoes in Canada. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" Instagram_logo_2016.svg/322c808c00e73c217d17772ddd5a0eb5.jpg\\") ![](\\" Instagram_logo_2016.svg/8b142c91ebe468a84a192e6df2b7b994.jpg\\") Instagram posts stated on September 8, 2024 in an Instagram post: Video shows a Ku Klux Klan member at a rally for former President Donald Trump. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" ![](\\" Viral image stated on September 7, 2024 in a Threads post: Elon Musk said, “Anyone caught promoting propaganda will be suspended from X.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" ![](\\" Viral image stated on September 6, 2024 in a Facebook post: “Elon Musk to fund new anti-woke show featuring Tucker Carlson.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 12, 2024 ![](\\" logo-black-01/b6cedac93f6e57c68ecc025e5ec29d57.jpg\\") ![](\\" logo-black-01/438dbf066033f99de07598cbcc77ddcb.jpg\\") Threads posts stated on September 16, 2024 in an Instagram post: Taylor Swift “lost 17 million followers by endorsing Kamala.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 19, 2024 ![](\\" ![](\\" Facebook posts stated on September 16, 2024 in a Facebook post: “Country Music Television (CMT) has announced a permanent boycott of Taylor Swift.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 ![](\\" ![](\\" Viral image stated on September 11, 2024 in a Facebook post: “Disney World officially moving to Nashville.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 ### No, Janice Rogers Brown wasn’t the first Black woman nominated to the Supreme Court * ![](\\" ![](\\" Facebook posts stated on September 13, 2024 in a post: Vice President Kamala Harris’ college professors disparaged her as their “worst student.” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Kwasi Gyamfi Asiedu • September 19, 2024 * ![](\\" ![](\\" Facebook posts stated on September 17, 2024 in a post: Photo shows Kamala Harris posing beside Sean “Diddy” Combs. ![\\"false\\"](\\" ![\\"false\\"](\\" By Sara Swann • September 19, 2024 * ![](\\" ![](\\" Instagram posts stated on September 18, 2024 in Instagram posts: “BREAKING: Police found ‘explosives’ in car near former President Donald Trump’s rally site on Long Island.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Sofia Ahmed • September 19, 2024 * ![](\\" ![](\\" Dave McCormick stated on September 13, 2024 in an X post: Charleroi, Pennsylvania, “has grown by 2,000% due to an influx in migrants.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Caleb McCullough • September 19, 2024 * ![](\\" ![](\\" Facebook posts stated on September 13, 2024 in una publicación en Facebook: \"El gran respaldo de Taylor Swift\" a Kamala Harris \"le cuesta $125 millones en acuerdos de marca\". ![\\"false\\"](\\" ![\\"false\\"](\\" By Maria Briceño • September 19, 2024 * ![](\\" ![](\\" Threads posts stated on September 16, 2024 in an Instagram post: Taylor Swift “lost 17 million followers by endorsing Kamala.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 19, 2024 * ![](\\" ![](\\" Kari Lake stated on September 13, 2024 in a post on X: Rep. Ruben Gallego’s “first act in Congress was to propose legislation to BAN the use of the term ‘illegal alien.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Mia Osmonbekov • September 19, 2024 * ![](\\" ![](\\" Sherrod Brown stated on September 4, 2024 in a TV interview: Of Bernie Moreno, “Now, he’s arguing for a national abortion ban, no exceptions.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Caleb McCullough • September 19, 2024 * ![](\\" ![](\\" Facebook posts stated on September 16, 2024 in a Facebook post: “Country Music Television (CMT) has announced a permanent boycott of Taylor Swift.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 * ![](\\" ![](\\" Viral image stated on September 11, 2024 in a Facebook post: “Disney World officially moving to Nashville.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 18, 2024 Load more ### Support independent fact-checking. Become a member! 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Republicans nominated the 1st Black woman to the SCOTUS she was BLOCKED filibustered by Joe Biden