When asked about packing the Supreme Court with liberal judges, Judge Ketanji Brown Jackson refused to give a direct answer on Tuesday.
Brown, who was chosen by Joe Biden to replace retiring Justice Stephen Breyer, evaded a question regarding court-packing during her Senate confirmation hearing.
Here is the transcript of the exchange:
DURBIN: “Another issue which has come up to my surprise, and I have spoken with my Republican colleagues about their fascination with it, is the notion of the composition of the Supreme Court, which euphemistically is referred to as court-packing. I have said on the floor, and I will repeat it here, there is exactly one living senator who has effectively changed the size of the Supreme Court. That was the Republican leader, Sen. McConnell, who shrank the court to eight seats for nearly a year in 2016 when he blocked President Obama’s nomination of Merrick Garland. Now, that question on court-packing was posed to Amy Coney Barrett, justice on the court, when she appeared before this committee, she was asked about it. She said, and I quote, ‘Could not opine on it.’ And on many other policy issues, quote, ‘I will not express a view on a matter of public policy, especially one that is politically controversial, because that is inconsistent with the judicial role.’ I do believe we should have rules and traditions and precedents, but we shouldn’t have a separate set of rules for Republican nominees and Democratic nominees. So, Judge Jackson, if a senator were to ask you today about proposals about changing the current size of the Supreme Court, what would your response be?”
JACKSON: “Senator, I agree with Justice Barrett and her response to that question when she was asked before this committee. Again, my north star is the consideration of the proper role of a judge in our constitutional scheme. In my view, judges should not be speaking to political issues, and certainly not a nominee for a position on the Supreme Court. So, I agree with Justice Barrett.”
According to The Daily Wire:
Senate Minority Leader Mitch McConnell (R-KY), who spoke with Jackson earlier this month, said that he found it problematic she would not answer whether she supported court packing.
“I asked her to defend the court,” he told Fox News. “Ruth Bader Ginsburg and Justice Breyer both publicly opposed court-packing, that is trying to increase the number of court members in order to get an outcome you like.”
“That would have been an easy thing for her to do to defend the integrity of the court,” he added. “She wouldn’t do that.”
McConnell promised that in the meantime, the committee “will ask her all the tough questions.”
“I haven’t made a final decision as to how I’m going to vote,” McConnell added.
“And by the way, she’ll be treated much better than Democrats are typically treating Republican nominees like Clarence Thomas and Brett Kavanaugh,” McConnell said. “It’ll be a respectful, deep dive into her record, which I think is entirely appropriate for a lifetime appointment.”
Watch it here: Youtube/GOP War Room
Sources: Dailywire, Foxnews, Mediaite