Supreme Court nominee Ketanji Brown Jackson faces more questions during third day of
Jackson continued to defend her experience and credentials as she faced criticisms from Republican senators over her judicial philosophy and legal record. The final round of questioning concluded around 7:30 p.m. ET Wednesday evening.
In one notable exchange, Jackson told the committee that if confirmed to the Supreme Court, she plans to recuse herself from a high-profile Harvard affirmative action case. At another point, she elaborated on her views on the importance of the separation of powers and limits on executive branch authority in US government.
Later, Jackson, who would be the first Black woman to serve as a Supreme Court justice, became visibly emotional. She could be seen wiping away tears as Democratic Sen. Cory Booker of New Jersey, who is one of only three Black senators, talked about her path to the nomination and the obstacles she has had to overcome.
“You have earned this spot. You are worthy. You are a great American,” Booker told Jackson.
She has responded to concerns raised by Republicans over the potential for judicial activism by arguing that she approaches her work in an impartial way and emphasizing that it would be inappropriate to impose any kind of personal opinion or policy preference.
The nominee has also defended elements of her tenure in the legal profession that have attracted particular scrutiny — and criticism — from Republicans, including past defense work on behalf of Guantanamo Bay detainees and sentencing in child pornography cases.
Jackson discusses separation of powers and limits on executive authority
Jackson replied to Ossoff’s question by saying that the United States government is set up with a system of checks and balances to “prevent tyranny.” She called the separation of powers “crucial to liberty,” and said that principle informs her approach to the law.
“That means for me that judges can’t make law, judges shouldn’t be policymakers, that’s a part of our constitutional design, and it prevents our government from being too powerful and encroaching on individual liberty,” she said.
Jackson would recuse from Harvard case
Republican Sen. Ted Cruz of Texas said at the outset of his questioning Wednesday that Harvard is being sued for what he described as “its explicit, and in my view, egregious policy of discriminating against Asian Americans.”
Jackson responded that she would recuse.
“That is my plan, senator,” she said.
The cases would be heard in the session that begins next October, with a decision likely by June 2023.
More sharp questions from Republican senators
Wednesday featured more criticism from Republican senators directed toward the nominee over her record as a number have suggested she has been too lenient in sentencing child pornography cases.
Jackson has forcefully rebutted the concerns, referring to the issue as a “sickening and egregious crime.”
Republican Sen. Josh Hawley of Missouri pressed Jackson over one case where he said an 18-year-old offender was sentenced to three months, which he described as a “slap on the wrist.”
“Do you regret it?” Hawley repeatedly asked the nominee.
Jackson said, “Senator, what I regret is that in a hearing about my qualifications to be a justice on the Supreme Court, we’ve spent a lot of time focusing on this small subset of my sentences.”…
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