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AP Photo/Andrew Harnik A lot of the reaction to the Senate confirmation hearings of Ketanji Brown Jackson has centered around her responses to questions about her sentencing practices, what a woman is, and when life begins. We have covered those pretty extensively ourselves.
But there are several other issues at play that are troublesome for those who wish to see a Supreme Court restrained and judicial activism put to a stop. One of those is the ability of the Supreme Court to create new rights that don’t exist anywhere in the Constitution (much like the Court did in Roe v. Wade ).
Buried underneath all the talk about child pornography and biology is this line of questioning from Senators John Kennedy, Marsha Blackburn, John Cornyn, Ben Sasse, and Mike Lee.
Despite many questions on unenumerated rights, Jackson steadfastly dodged answering them. Concern among conservatives is that, should progressive judges regain the majority on the bench, they will use that position to craft new rights through a very broad interpretation of other rights. This isn’t some made-up concern, either. Biden explicitly said that’s what he wants from his pick. The President himself may have more knowledge of the inner workings of the Supreme Court nominations process than nearly any politician in Washington. He served as the Chairman of the Judiciary Committee for eight years, overseeing six Supreme Court confirmation hearings. Biden laid out on Tuesday what he and his team will look for in this nominee. Speaking to reporters, Biden said he views the Constitution as a document that is “always evolving slightly in terms of additional rights or curtailing rights.” Referring to notes on a long, white card in his hand, Biden explained he is looking for a nominee with “character” who is “courteous to the folks before them,” treats people “with […]
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