Originalism seeks to interpret the Constitution based on its original meaning and to analyze laws according to their text.
South Carolina Sen. Tim Scott, the lone black Republican in the Senate, said in an April 4 statement, “The historic nature of Judge Jackson’s nomination reinforces the progress our country has made. However, ideology must be the determining factor – not identity – when considering such an important lifetime appointment. It is clear that Judge Jackson’s judicial philosophy and positions on the defining issues of our time make her the wrong choice for the Supreme Court.”
Some Republicans on the Judiciary Committee criticized Jackson for issuing sentences in child pornography cases that were more lenient than federal guidelines. Jackson defended herself, saying federal law calls for a judge to consider other factors as well to determine a punishment sufficient for the offense.
Though Jackson has not issued an opinion in an abortion case, some organizations on both sides of the issue have demonstrated by their comments they expect her to be supportive of a right to the procedure. As a member of a Boston law firm in 2001, Jackson and other lawyers filed a friend-of-the-court brief in support of a Massachusetts law that established a moving “buffer zone” around people and cars nearing abortion clinics, according to SCOTUSblog.
Before the confirmation roll call Thursday, senators voted 53-47 to invoke cloture, an act that limited debate and prevented Republicans from filibustering the vote to confirm Jackson. Collins, Murkowski and Romney joined Democrats in the majority.
The Judiciary Committee, which is split evenly by political party among its 22 members, deadlocked 11-11 in its April 4 vote to forward Jackson’s nomination. The full Senate, however, approved in a 53-47 vote later that day a petition to discharge her nomination from the committee. Senators voted the same way they ultimately did Thursday to invoke cloture and confirm Jackson.
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The American Bar Association’s Standing Committee on the Federal Judiciary told Judiciary Committee leadership in a March 18 letter it unanimously found Jackson to be “Well Qualified” for the Supreme Court.
Biden had pledged during the 2020 presidential campaign he would select a Black woman for the high court.
Jackson served as a clerk for Breyer during the high court’s 1999-2000 term. Breyer will have served nearly 28 years upon his retirement.
President Obama nominated Jackson as a federal judge in the District of Columbia, and the Senate confirmed her in 2013. Selected by Biden last year for the D.C. Circuit Court, Jackson received a 53-44 vote for confirmation in June. Three Republicans – Sens. Lindsey Graham of South Carolina, Collins and Murkowski – joined the Democrats to confirm her.
After graduating from Harvard Law School in 1996, Jackson served in a variety of public and private roles. These included service as a federal public defender in Washington, D.C., for two years and a stint as a staff member of the U.S. Sentencing Commission and another as vice chair of the commission.
This article originally appeared at Baptist Press.
