Supreme Court Nominee Ketanji Brown Jackson Defends Record As Federal Public Defender

Supreme Court nominee Ketanji Brown Jackson, facing questions from Senators for the first time Tuesday, defended her record as a federal public defender.

Tuesday, March 22nd 2022, 6:11 pm

By: Alex Cameron


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Supreme Court nominee Ketanji Brown Jackson, facing questions from Senators for the first time Tuesday, defended her record as a federal public defender and district judge, disputed suggestions by Republicans that she is ‘soft’ on crime, and stated her firm belief that a judge must proceed with any case from a ‘position of neutrality.’

"I am acutely aware that as a judge in our system,” Judge Jackson said, “I have limited power and I am trying in every case to stay in my lane."

The confirmation hearing for Judge Jackson began Monday with statements from all 22 senators on the Senate Judiciary Committee, culminating with a statement from Jackson herself who, if confirmed, would be the first Black woman to sit on the Court.

GOP senators pointed to past legal filings and rulings to raise questions about potential biases toward defendants, ties to the far left, and a lack of fidelity to the nation.

Texas Senator John Cornyn, referring to Jackson's work as a federal public defender, asked her about a filing she made on behalf of a member of the Taliban who was being held at Guantanamo Bay.

"And [in the filing] you referred to the secretary of defense and the sitting president of the United States as war criminals," Sen. Cornyn stated. "Why would you do something like that? It seems so out of character."

"Well. Senator, I don’t remember that particular reference," Judge Jackson responded. "I was representing my clients and making arguments. I’d have to take a look at what you meant. I did not intend to disparage the president or the secretary of defense."

Other Republicans brought up child pornography cases Jackson presided over as a district judge, asking about sentences that they say were less than what prosecutors requested.

"I made sure that the victims, the children’s perspectives were represented," Jackson answered, "and I also imposed prison terms and significant, significant supervision and other restrictions."

Judge Jackson spoke further to the issue, noting that, as a mother, it was the adjudication of child sex offenses especially that would keep her awake at night: "These crimes are horrible, and so I take them very seriously, just as I did all of the crimes, but especially crimes against children."

The 51-year-old Jackson would be the first Supreme Court justice to have extensive experience as a public defender. Democrats say that would be a great asset to the Court, while Republicans see it as a possible indication that she is more sympathetic to defendants than to crime victims.

“As a judge who has to decide how to handle these cases, I know it’s important to have arguments from both sides, to have competent counsel,” Jackson said Tuesday , “and it doesn’t mean that [defense] lawyers condone the behavior of their clients—they’re making arguments on behalf of their clients in defense of the Constitution, in the service of the court, and it is a service.”

"As a judge. I care deeply about the rule of law," Jackson went on, "and I know that in order for us to have a functioning society, we have to have people being held accountable for committing crimes."

Senator Lindsay Graham (R-SC) brought up what he sees as signs that the judge has ties to the far left.

"Every group that wants to pack the court, that believes this court is a bunch of right-wing nuts that are going to destroy America, that consider the constitution trash, all wanted you picked," said Sen. Graham.

On the question of packing the court, Jackson said she agrees with the answer Justice Amy Coney Barrett gave at her 2020 confirmation hearing

"In my view, judges should not be speaking into political issues," Jackson said, "and certainly not a nominee."

Oklahoma’s two senators are not on the Judiciary Committee and thus are not part of this vetting process, but both are hoping to have one-on-one meetings with Judge Jackson before her nomination comes to the floor for a vote.

Alex Cameron

Alex Cameron is the current DC Bureau Chief for News 9 in Oklahoma City, and for News On 6 in Tulsa.

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