OPINION: This article contains commentary which may reflect the author's opinion
Senator Mitch McConnell, the Republican minority leader in the Upper House, has announced he intends to vote against Supreme Court nominee Judge Ketanji Brown Jackson. Additionally, Senator Ted Cruz has stated that it will be a no vote from him.
McConnell, addressing the Senate, said “After studying the nominee’s record and watching her performance this week, I cannot and will not support Judge Jackson for a lifetime appointment to our highest Court.
First, Judge Jackson refuses to reject the fringe position that Democrats should try to pack the Supreme Court. Justices Ginsburg and Breyer had no problem denouncing this unpopular view and defending their institution. I assumed this would be an easy softball for Judge Jackson. But it wasn’t.”
McConnell continued, “The nominee suggested there are two legitimate sides to the issue. She testified that she has a view on the matter but would not share it.
She inaccurately compared her non-answer to a different, narrower question that a prior nominee was asked. But Judge Jackson seemingly tipped her hand. She said she would be, ‘thrilled to be one of however many.’ The opposite of the Ginsburg and Breyer sentiment.
The most radical pro-court-packing fringe groups badly wanted this nominee for this vacancy. Judge Jackson was the court-packers’ pick. And she testified like it.”
His concern also extended to her stance on illegal immigration and other areas where she seemed soft on crime.
“This is one area where Judge Jackson’s trial court records provide a wealth of information. And it is troubling. The Judge regularly gave certain terrible kinds of criminals light sentences that were beneath the sentencing guidelines and beneath the prosecutors’ requests.
The Judge herself, this week, used the phrase ‘policy disagreement’ to describe this subject. The issue isn’t just the sentences. It’s also the Judge’s rhetoric in trial transcript and the creative ways she bent the law.
In one instance, Judge Jackson used COVID as a pretext to essentially rewrite a criminal justice reform law from the bench and make it retroactive, which Congress had declined to do.”
McConnell continued his scathing verdict:
“She did so to cut the sentence of a fentanyl trafficker while Americans died in huge numbers from overdoses. Judge Jackson declined to walk Senators through the merits of her reasoning in specific cases.
She just kept repeating that it was her discretion, and if Congress didn’t like it, it was our fault for giving her the discretion. That is hardly an explanation as to why she uses her discretion the way she does.
It was not reassuring to hear Judge Jackson essentially say that if Senators want her to be tough on crime, we need to change the law, take away her discretion, and force her to do it.
That response just seems to confirm that deeply-held personal policy views seep into her jurisprudence. And that is exactly what the record suggests.”
Following days of hearings for Brown before the Senate, where she said she couldn’t define a woman, he made his decision.
Sen. Ted Cruz declared he would oppose the Supreme Court nominee Ketanji Brown Jackson’s confirmation, citing her record as a judge and pointing out her struggle to explain what a woman is.
The senator made the comments during an interview with “Jesse Watters Primetime” on Fox News Channel.
‘She is probably the first Supreme Court nominee in the history of our country who is unable to answer the question, what is a woman?’ Cruz said of Jackson.
In their conversation, Watters asked Cruz, “Do you think she has what it takes to be a Supreme Court Justice?”
Cruz answered “Well, listen, she is probably the first Supreme Court nominee in the history of our country who is unable to answer the question, what is a woman? And, you know, her record, unfortunately, I think, is far outside the mainstream.”
“And there’s a real difference. You played clips of the Democrats sliming Republican nominees going personal, going into the gutter, going after their character. You look at the hearing the last two days, the questions that Republicans focused on, were her record. And in particular her judicial record,” Cruz continued.
Ketanji Brown Jackson is probably the first Supreme Court nominee in the history of our country who is unable to answer the question "What is a woman?" pic.twitter.com/BjUnrizIcd
— Ted Cruz (@tedcruz) March 24, 2022
Democrat Ketanji Brown Jackson had a tough time answering Republican Tennessee Sen. Marsha Blackburn’s question about the subject.
Blackburn cited Ruth Bader Ginsburg, the late Supreme Court justice, who stated, “Supposed inherent differences are no longer accepted as a ground for race or national origin classifications. Physical differences between men and women, however, are enduring. The two sexes are not fungible. A community made up exclusively of one sex is different from a community composed of both.”
Blackburn then asked Jackson, “Do you agree with Justice Ginsburg that there are physical differences between men and women that are enduring?”
“Senator, respectfully, I am not familiar with that particular quote or case, so it’s hard for me to comment as to whether or not,” Jackson said, with Blackburn interrupting, asking:
“I’d love to get your opinion on that, and you can submit that. Do you interpret Justice Ginsburg’s meaning of men and women as male and female?
“Again, because I don’t know the case, I do not know how I’d interpret it. I’d need to read the whole thing,” Jackson replied.
Blackburn: “Ok. And can you provide a definition for the word ‘woman’?”
Jackson: “Can I provide a definition? No. I can’t.”
“You can’t?” Blackburn asked with a puzzled expression.
“Not in this context. I’m not a biologist,” Brown answered.