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Ketanji Brown Jackson (Drew Angerer / Getty) Judge Ketanji Brown Jackson of the U.S. Court of Appeals for the D.C. Circuit is President Joe Biden’s choice to replace retiring liberal Supreme Court Justice Stephen Breyer.
She was considered a safe choice, because she passed through her confirmation process for the appellate court last year, and because Biden has stressed the historic nature of her candidacy: Jackson is the first black woman to be nominated to the nation’s highest court.
But there are several questions she must face.
1. Does she believe current penalties for sex offenders are too harsh? Sen. Josh Hawley (R-MO) released a list of Judge Jackson’s opinions, writings, and thoughts on the subject last week, and was immediately hit with so-called “fact checks,” few of which could question his facts, but struggled to provide the “context” for her views. Judge Jackson needs to be asked directly why she handed down lenient sentences in some cases, and why she seemed open to reducing sentencing guidelines.
2. What does Judge Jackson think of the racial and gender criteria of her own nomination? The Supreme Court has ruled that the kind of racial and gender discrimination that President Biden used in selecting her is unconstitutional when used for most ordinary jobs. What does she think of that? How would she make the distinction? And can she be impartial, given how she was selected, when ruling on cases like a challenge to Harvard’s race-based affirmative action admissions?
3. Does Judge Jackson support Critical Race Theory? Just two years ago, Jackson gave a speech at the University of Michigan Law School in which she cited Derrick Bell, one of the founders of Critical Race Theory, as one of her major influences, even citing his radical book, Faces at the Bottom of the Well […]
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