Ketanji Brown Jackson plans to reuse from Harvard Case

Ketanji Brown Jackson tries to answer quick questions from Ted Cruz on day three of her Supreme Court confirmation hearing.

Ted Cruz (L), Ketanji Brown Jackson (R) (via screenngrab / Senate Judiciary Committee)

Supreme Court Candidate Ketanji Brown Jackson said Wednesday that she plans to use herself again from a pending case regarding the race-based admissions policies of her two-time alma mater, Harvard University.

In modern confirmation hearings, candidates tend to avoid news coverage by disclosing how they will decide cases they may consider. Here, Jackson drew attention when frankly signaling which cases she would not consider. The case involved a challenge to Harvard’s affirmative action policies that consider an applicant’s race a factor in admissions decisions. Plaintiffs say that Harvard’s policies put a hat about the number of Asian students who can be admitted to the school, an allegation that Harvard has denied.

The Harvard case was merged with a similar case against the University of North Carolina.

Jackson, who is poised to become the first Black woman appointed to the Supreme Court, answered a question posed by Sen. Ted Cruz (R-Tex.), was a Harvard Law student at the same time as Jackson. Jackson also attended Harvard University.

“Your alma mater and I, Harvard, are currently being sued for a policy that clearly discriminates against Asian Americans, and in my opinion is serious,” Cruz said. “Even though I think the police are serious, I, as the plaintiff, cannot file a lawsuit because I am not Asian-American, am I right?”

“If you file a lawsuit, the court will have to assess whether you were actually injured in order to be able to determine if the court has jurisdiction to hear the case,” Jackson explained to Cruz, who is of Western descent. Spain.

During a discussion about whether Hispanic Cruz would be suing over a policy that allegedly discriminates against Asian Americans, the Texas senator surreptitiously questioned Jackson. intends to handle the actual case pending before the Supreme Court.

“You’re on Harvard’s supervisory board,” says Cruz. “If you are confirmed, are you going to use this lawsuit again?”

“That’s my plan, Senator,” Jackson said.

While Cruz may have been reassured by Jackson’s response to the Harvard case, he appeared displeased with her response to a question about gender identity and discrimination the judge gave him. that cannot be understood.

Cruz said: “If I could change my gender to a woman and an hour later I decide I am no longer a woman, I think I would lose the position of Article 3. “Tell me. , does that same principle apply to other protected traits? For example, I am a Hispanic male. Can I decide I’m an Asian man? Am I qualified to be an Asian man and challenge Harvard’s discrimination because I made that decision? ”

“Senator, I can’t answer your question,” Jackson replied. “You’re asking me about hypotheses.”

“I am asking you how would you rate it if I said that I have decided to identify as an Asian man,” Cruz countered.

“I would judge from the point of view of how I would judge other legal issues, which is to listen to the arguments of the parties, consider the relevant constitutional precedents and precedents, and make decisions,” Jackson said. determined.

Cruz then turned to what appeared to be Selected theme of the Republican Party on the Senate Judiciary Committee: Jackson’s practice sentencing in cases involving child sexual assault material.

You can watch Jackson’s confirmation hearings this.

[Image via screengrab/Senate Judiciary Committee.]

Is there a trick we should know? [email protected] Ketanji Brown Jackson plans to reuse from Harvard Case

James Brien

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