The appointment process for Supreme Court Justice Ketanji Brown-Jackson is under scrutiny following concerns that her commission lacked the formal “handwritten” signature mandated by law. The document, issued without President Biden personally signing it using a standard pen, relied instead on an electronic system often referred to as Autopen.

Legal statutes require commissions to be executed with specific presidential signatures and seals (28 U.S.C. § 172, among others). While electronic signatures are commonly accepted today for various official documents, the application of this technology to judicial commissions raises procedural questions regarding authenticity under federal law dating back centuries.

This potential technicality highlights the evolving nature of document execution in government and the importance of adhering strictly to all legal formalities.