Senators concede that Judge Jackson is qualified for the job, but point to other reasons to justify their resistance — mainly her judicial philosophy, refusal to denounce Supreme Court expansion, and record in child exploitation cases.
Many of the senators concede that Jackson, a federal appeals judge in Washington, D.C., is qualified for the job, but they point to— mainly her judicial philosophy, her refusal to denounce expansion of the Supreme Court, her record in child exploitation cases and Democrats' past treatment of conservative judicial nominees.
Sen. Ben Sasse, R-Neb., said Jackson"refused to claim originalism as her judicial philosophy," saying she appears to believe originalism is"just one of the tools judges use — not a genuine constraint on judicial power."Sen. Lindsey Graham, R-S.C., who voted to confirm Jackson to the U.S.
Numerous Republicans fault Jackson for declining to speak out against"court packing" — an effort by progressives to add seats to the Supreme Court to change its ideological balance, which has no viable chance of succeeding in Congress. Responding to a question from Sen. John Kennedy, R-La., Jackson said she didn’t think it would be “appropriate” to comment on a political matter. Asked whether she’d be OK with “28 justices,” Jackson replied: “If that’s Congress’ determination, yes. The Congress makes political decisions like that.”
Democrats have accused McConnell and other Republicans of hypocrisy for demanding a denunciation from Jackson after they didn't hold Justice Amy Coney Barrett to the same standard in her hearings in October 2020. Asked by Sen. Mike Lee, R-Utah, whether the Constitution says anything about the size of the court, Barrett said it doesn't, adding,"That is a question left open to Congress.
Jackson defended her record at her confirmation hearing, saying she takes"these cases very seriously as a mother" and considers a variety of factors, including the recommendations of the parties involved, the evidence, the stories of the victims and other details.
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