News outlet Politico falsely claimed that President Joe Biden’s Supreme Court nominee Ketanji Brown Jackson would likely be confirmed as the “first Black Supreme Court justice” by the end of this week.

Politico’s original tweet failed to acknowledge the two black Supreme Court judges that preceded Jackson—Thurgood Marshall (nominated 1967) and Clarence Thomas (nominated 1991). Thomas currently serves on the court.  

Politico would go on to correct their tweet, saying that the original was supposed to include that Jackson would be the “first Black female Supreme Court Justice.” Earlier in the confirmation hearings, Jackson claimed that she could not provide a definition for the word “woman” as she was not a biologist.

Senator Mike Lee spoke about the Politico blunder in the Judiciary Committee meeting on Monday morning where Jackson’s nomination is up for a vote.

“This can’t be something that simply focuses on the historic nature of the nomination,” said Lee. “Earlier today, there was a Politico tweet—Politico sent out a tweet reading as follows: ‘Ketanji Brown Jackson will likely be confirmed as the first Black supreme court justice by the end of this week.’ … If that were true, that would come as news the family of Thurgood Marshall… to Justice Clarence Thomas, and his family.”

“When we hear, what we’ve heard today, calls for making sure that we respect the need to show inclusiveness, let’s remember how members of this committee have treated others. Remember how they treated Justice Clarence Thomas, remember how they’re still treating Clarence Thomas. People on the left are savagely attacking him, one of the most decent human beings that I’ve ever known,” he said.

“What’s clear is Democrats have the votes to confirm Jackson as the first Black female justice this week,” Politico writes in their analysis.

“What I know is she will get enough votes to get confirmed. In the end, I suppose, that’s the only thing that matters, ” White House chief of staff Ron Klain said on ABC’s “This Week” on Sunday.

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