Analysis: Five questions Ketanji Brown Jackson could face in her Supreme Court hearing
The background
This is another tricky question for both the asker and Jackson, because the question touches on thorny issues of race and judicial ethics. The Supreme Court has agreed to hear what could be a landmark affirmative action case this fall,at Harvard University and the University of North Carolina at Chapel Hill.
Republicans argue that because Jackson went to Harvard and for the past six years she’s served on a governing board for the school, she should sit out what could be the first consequential case of her tenure. But Jackson is far from the only Harvard connection on the court.
That’s called the ‘Ginsburg rule’ after the late Justice Ruth Bader Ginsburg, who said at her confirmation hearing: “[A] judge sworn to decide impartially can offer no forecasts, no hints …” There is no federal abortion law. This summer, the Supreme Court could determine the future ofand whether states must allow abortion until a fetus is viable outside the womb, or about 24 weeks.
If confirmed, Jackson would join the court after it decides this Mississippi case. But if the court doesn’t knock down Roe entirely, it’s likely that red states will try to bring even more challenges to abortion protections in upcoming terms.
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