Republicans are expected to press Ketanji Brown Jackson on affirmative action, child pornography sentencing, expanding the court and more in her Supreme Court hearings this week. Here are the questions expected to produce the most fireworks 👇
Senate Republicans offered a preview Monday of their questions for Judge Ketanji Jackson as her confirmation hearings kicked off, including her sentencing record, her representation of Guantanamo detainees and her views on the size of the Supreme Court.
At the moment, Jackson is expected to lock in the full support of the 50-member Democratic caucus. But her performance in the Judiciary committee this week will have a huge sway over how many Republicans, if any, end up supporting her nomination. Jackson, 51, is currently a judge on the influential D.C. Circuit Court of Appeals, a position the Senate confirmed her to last year with three GOP votes.
Hawley defended his line of questioning during his opening remarks Monday, saying that “there’s a lot to talk about here” and previewing the cases he plans to ask about because he’s “not interested in trying to play ‘gotcha.’” Critics point to several problems with the guidelines, including failure to reflect whether a convicted defendant had illicit interaction with a minor and the relative ease with which the internet allows offenders to download a massive trove of illegal images and videos in a matter of seconds.
“It doesn’t have the risk of race. It doesn’t have the risk of, ‘Oh, God there’s a whole lobby on the other side that’s going to say you’re terribly unfair and you’re demonizing folks,’” said Ohio State law professor Doug Berman, a top sentencing expert. Jones further addressed that question after Monday’s hearing, telling reporters, “I would tell you I don’t think any judicial nominee should be talking about legislative policy. Everybody understands that the size of the Supreme Court is an issue for this body, for the Congress, it is not for the court and I don’t think you will see any nominee address that”
Jackson got her undergraduate and law degrees from Harvard, with honors both times. That led to her election by alumni to Harvard’s Board of Overseers in 2016 and to a role on that board’s executive committee starting in 2019. According to a questionnaire she submitted to the Judiciary Committee ahead of her hearings, she still holds those posts.
Even if Jackson does step aside in the Harvard case, assuming she’s confirmed, she is expected to take part in a companion case the justices are also set to take up next term about the University of North Carolina’s admissions practices. However, the issues in the cases could differ somewhat since UNC is a state school and Harvard a private one.
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