What Happened on the Second Day of Confirmation Hearings?

            Members of Senate Judiciary Committee started asking questions of Judge Ketanji Brown Jackson in the Supreme Court hearing. She has served as a judge on the D.C. Circuit Court of Appeals since June. Fred Lucas saw seven big moments in Day Two of the hearings.

1. Child Porn Sentences and ‘Extreme Disparities’

[Senator Josh Hawley, R-Mo] last week highlighted seven cases, and again in remarks Monday, in which Jackson as a District Court judge gave sentences to child sex offenders that were lighter than what prosecutors requested and federal sentencing guidelines recommend….

2. ‘Never Studied Critical Race Theory’

Sen. Ted Cruz, R-Texas, pressed Jackson about her views on critical race theory. He referenced a speech in which she cited critical race theory, which holds that someone is either an oppressor or oppressed based on his or her race.

Having noted earlier that they knew each other at Harvard Law School, Cruz said critical race theory originated at their alma mater. He asked Jackson to define it from her point of view.

“It is an academic theory that is about the ways in which race interacts with various institutions,” Jackson replied. “It never comes up in my work as a judge. It’s never something I’ve studied or relied on. It wouldn’t be something I would rely on if I was on the Supreme Court.”

Cruz said critical legal theory initially was viewed as class-based struggle. Critical race theory grew out of that and frames every conflict as race based.

“Do you think that’s an accurate way of viewing society?” Cruz asked.

“Senator, I don’t think so. I’ve never studied critical race theory. I’ve never used it,” 

Jackson replied. “It doesn’t come up in the work that I do as a judge.

Cruz followed up: “With respect, I find that a curious statement because you gave a speech in April 2015 at the University of Chicago.”

In that speech, Jackson at one point said, “Sentencing is just plain interesting because it melds together myriad types of law, criminal law, and of course constitutional law, critical race theory.”

Cruz asked Jackson: “You described in a speech to a law school what you were doing as critical race theory….

3. ‘Couldn’t Let the Terrorists Win’

Under questioning, Jackson explained her work as a federal public defender on behalf of terrorism suspects held at the U.S. detention facility at Guantanamo Bay, Cuba….

At the same time, Jackson said, she didn’t have full say in who she defended….

4. ‘Agree With Justice Barrett’ on Court-Packing

Several Republican senators raised the prospect of court-packing on Monday, when Jackson had little time to speak….

Jackson said she had the same view as Justice Amy Coney Barrett expressed in her Senate confirmation hearing about court-packing, which many Democrats advocate as a way to ensure the Supreme Court is more liberal by increasing the number of justices….

 

5. ‘Bought by Dark Money’?

Several Republican senators brought up the fact that the liberal legal group Demand Justice had promoted Jackson for the Supreme Court….

6. Abortion as ‘Settled Law’

The Supreme Court recently heard arguments in a case that has the potential to overturn Roe v. Wade, the 1973 decision that legalized abortion across the nation.

The high court previously upheld its Roe decision in the case of Planned Parenthood v. Casey.

Sen. Dianne Feinstein, D-Calif., immediately began asking about maintaining abortion. Feinstein noted that two justices, Barrett and Brett Kavanaugh, have said Roe is settled precedent.

“I do agree with both Justice Kavanaugh and Justice Barrett on this issue,” Jackson said.

“Roe and Casey are the settle law of the Supreme Court concerning the right to terminate a woman’s pregnancy.”

7. ‘Fairly Judge a Catholic?’

During her opening remarks Monday, Jackson thanked God and talked openly about her faith.

On Tuesday, Sen. Lindsey Graham, R-S.C., asked Jackson about her faith.

“Senator, I am Protestant, nondenominational,” she replied.

“Could you fairly judge a Catholic?” Graham asked.

Before she could finish her answer, though, Graham answered for her.

“I think the answer would be yes. I believe you can. I’m just asking this question because – how important is your faith to you?”

Jackson responded: “Personally, my faith is very important, but as you know, there is no religious test in the Constitution under Article 6. It’s very important to set aside one’s personal views.”

Graham later followed by referencing a comment by Feinstein, who scrutinized Barrett’s Catholic faith during her confirmation hearing for a seat on the 7^th U.S. Circuit Court of Appeals.

“How would you feel if a senator up here said of your faith, ‘The dogma lives loudly within you and that’s of concern’? How would you feel if someone on our side said, ‘You attend church too much for me,’ or, ‘Your faith is a little bit different to me,’ and they suggest it would affect your decision?”

Jackson said, “Senator, I um …”

Graham jumped in: “I would if I were you. I found it offensive when they said it about Judge Barrett.”

Graham went on to recall other attacks by Democrats, such as their opposition to Justice Samuel Alito and their two-year filibuster to prevent Judge Janice Rogers Brown from serving on the D.C. Circuit.

            Democrats asked Republicans to treat Jackson with respect during the hearings. This is ironic because of the disrespect shown by Democrats to the three Justices appointed during the Trump administration. Republicans are “jabbing” the Democrats even while showing Jackson respect.