Some Republicans are preparing to attack Jackson. Why not do something productive?
When Ketanji Brown Jackson is sworn in Monday before the Senate Judiciary Committee, she will be the first Black woman to sit in the hot seat of a Supreme Court nominee. Comments from some GOP senators suggest that her confirmation hearings will be less contentious than other recent ones, in part because many Republicans do not want to be seen attacking a historic nominee and in part because adding her to the court would not shift its ideological balance.
Even so, there is likely to be some grandstanding on the part of some Republican senators, who have indicated that they will try to score points with the far right by assailing Judge Jackson. Which would be a shame, because it would squander what should be a more productive opportunity to explore her judgment and judicial temperament.
Senators should start by asking what commitments, if any, she made to President Biden before he nominated her. This question has become more relevant to ask following the presidency of Donald Trump, who did not hide his expectation that his nominees would rule for his personal benefit. The answer would also help elucidate the extent to which the nation’s leaders are moving toward applying ideological litmus tests to judicial nominees.
The court’s commitment to stare decisis — the principle that the court should only overturn precedent in exceptional circumstances — is increasingly in doubt. When does Judge Jackson believe it is appropriate for justices to nullify previous majorities’ judgments? Originalism is ascendant on the court’s conservative wing. What are Judge Jackson’s views on this philosophy, and how should the court properly interpret the Framers’ words?
https://www.washingtonpost.com/opinions/2022/03/20/some-republicans-are-preparing-attack-jackson-why-not-do-something-productive/
= new reply since forum marked as read
