FreedomWorks Statement in Response to Today’s Confirmation Vote of Judge Ketanji Brown Jackson to the Supreme Court

WASHINGTON, D.C. — In response to today’s Senate confirmation vote of Judge Ketanji Brown Jackson to replace Justice Stephen Breyer on the Supreme Court, Adam Brandon, FreedomWorks President, commented:

“We urge all Senators to vote no on Judge Jackson’s confirmation to the Supreme Court. Before President Biden nominated Judge Jackson, he said he wanted a nominee with a judicial philosophy that ‘suggests that there are unenumerated rights to the Constitution and all the amendments mean something, including the Ninth Amendment.’ Based on Biden’s record as Chairman of the Senate Judiciary Committee when Judges Robert Bork and Clarence Thomas were nominated to the Supreme Court, it is obvious what Biden meant by this. He wanted a nominee who is not an originalist.”

“Unlike President Trump’s Supreme Court nominees, who had thoroughly originalist records, Judge Jackson does not. At her Supreme Court confirmation hearing, Judge Jackson repeatedly said that she would not use the term originalist to describe her methodology, and instead of a judicial philosophy, she explained that she had a malleable three-step methodology. Moreover, she explained that her methodology was unlike that of any current or previous Supreme Court Justice”.

“A justice who does not come to the Court with a philosophy, but rather a malleable three-step methodology, can quickly become an activist untethered to the Constitution’s text, history, or tradition. Instead of seeing the Constitution as a power-limiting document, activists see it as a power-granting document that contains everything far-left activists want.”

“Unfortunately, in her most consequential constitutional law decision, Judge Jackson did just this in completely disregarding the relevant history and the Constitution’s delicate separation of powers. Nothing in her record inspires confidence that she will not do the same if confirmed to the Supreme Court.”

“Finally, there is no reason to rush this vote. President Biden nominated Judge Jackson on February 25th. The Senate is voting to confirm her roughly six weeks later. Unlike some previous nominations, there is no vacancy on the Supreme Court. Justice Breyer is not stepping down until the end of the Court’s current term in late June or early July. The Court’s next term does not begin until October 3rd. There is no legitimate reason for this rushed process.”