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What Ketanji Brown Jackson might be grilled about in her Supreme Court confirmation hearings
“It is going to be an historic second on Monday, as Choose Jackson seems earlier than the committee,” Senate Judiciary Chairman Dick Durbin stated on the Senate flooring final week. “Her {qualifications} are distinctive. In each function she’s held, she has earned a repute for thoughtfulness, evenhandedness, and collegiality.”
The 2 days of Jackson questioning will start Tuesday, after a spherical of proceedings Monday that includes opening statements and her introduction.
Here’s what would possibly come up at her listening to.
‘Mushy on crime’ framing
“Even amidst the nationwide crime wave, a disproportionate share of the brand new judges President (Joe) Biden has nominated share this skilled background that liberals say provides particular empathy for legal defendants,” the Kentucky Republican stated. He added that Biden “is intentionally working to make the entire federal judiciary tender on crime.”
Jackson could level to her private background to counter this assault, as she has finished earlier than. With an uncle who was prosecuted for a drug offense, and a number of other members of her household — together with her brother — who served in legislation enforcement, Jackson has relationships that she says have helped her see either side of the difficulty.
Scrutiny of her strategy to youngster porn offenses
His claims depend on two components: First is her sentencing document in some instances, which is throughout the mainstream of what number of different judges strategy the offenses in query; second are statements she’s made in regards to the authorized points round intercourse crimes, together with in a 1996 legislation assessment article and in her function on the sentencing fee.
Among the sentencing fee feedback Hawley highlighted had been in response to the testimony of witnesses at fee hearings. A assessment of the listening to transcript and interviews with two consultants who testified belie the declare that Jackson confirmed leniency towards youngster pornography throughout a daylong session that Hawley quoted from in questioning her document. Nonetheless, the Missouri Republican has stood by his criticism.
Work on the US Sentencing Fee
Along with the fee work on youngster intercourse crimes, different elements of Jackson’s tenure there might come up. Earlier than serving as vice chair, she served a two-year stint as an assistant particular counsel for the fee within the mid-2000s.
Republicans are poring over 1000’s of paperwork for extra data on the stances she took whereas working for the fee.
Assist from teams that push Supreme Courtroom enlargement
At her 2021 listening to, a number of Republicans requested her in regards to the assist her nomination had acquired from the left-wing group Demand Justice and different progressive organizations which have advocated for increasing the variety of justices on the Supreme Courtroom. Jackson declined to weigh in on the thought.
Her refusal to reply the query in her current assembly with McConnell, in line with his account of their dialogue, has prompted criticism from the Kentucky Republican.
Does she have a judicial philosophy?
Republicans say they weren’t happy that Jackson didn’t elaborate on a particular judicial philosophy — similar to originalism or the “dwelling Structure” strategy — throughout her DC Circuit nomination listening to. They’re more likely to ask questions that attempt to suss out extra about how she approaches the legislation.
Advocacy for Guantanamo Bay prisoners
As a public defender, Jackson represented a Guantanamo Bay detainee, however it’s her advocacy for detainees whereas she labored at a non-public agency that Republicans are significantly skeptical of.
“More often than not you’ve got a alternative of who your purchasers are. And generally you ought to simply say, simply say no,” Sen. John Cornyn, a Texas Republican who sits on the Judiciary Committee, instructed CNN earlier this month.
Choices in politically charged instances
Ruling in opposition to Trump administration immigration initiatives
Sen. Marsha Blackburn, a Republican from Tennessee, introduced up the case throughout Jackson’s 2021 circuit court docket nomination listening to.
“I’ve plenty of immigration instances and in these instances — just like the one you talked about — what I’m doing is, I’m evaluating the … immigration legal guidelines’ very complicated scheme, the info within the explicit case and the claims which are being made, the arguments of the events,” Jackson stated on the time. “I’m not assessing the coverage.”
Jackson additionally notably dismissed Trump-era lawsuits in search of to problem the constructing of a wall alongside the US Southern border.
Professional-labor rulings in opposition to Trump-era public union insurance policies
Service on Montrose Christian College board
The time Jackson spent on the board of Montrose Christian College, a non-public Christian college in Maryland, between 2010 and 2011 was a subject of Republican questioning in her appellate affirmation listening to, the place she distanced herself from the stances the college took in opposition to same-sex marriage and abortion.
Whereas asserting her dedication to the ideas of spiritual liberty, she stated on the 2021 affirmation listening to, “I’ve served on many boards and I do not essentially agree with the entire statements of all of the issues that these boards may need of their supplies.”
Abortion rights–associated advocacy
CNN’s Alex Rogers contributed to this story.