Sen. Sheldon Whitehouse, D-R.I., questioned Judge Ketanji Brown Jackson as the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 23. Whitehouse commented on how often the idea of judicial philosophy had been raised, along with the concept of originalism, referring to the judicial interpretation of the Constitution based on how it was understood at the time it was written.
"The fact that Judge Jackson has said, 'I don't have a judicial philosophy. I've got a judicial methodology,' doesn't bother me a bit,'" Whitehouse said, referring to some earlier criticism by Republican members of the committee. "In fact, it kind of bothers me – the expectation that the nominee to the Supreme Court should have a judicial philosophy. Because judicial philosophy can be a screen for a predisposition the judges, frankly, should not have. But the folks and powers and interests influential in the process may very well want them," he added.
It was senators’ final day to question Jackson, who was nominated by President Joe Biden in February to replace retiring Supreme Court Justice Stephen Breyer. If confirmed, she will be the first Black woman on the high court. On the final day of the hearings March 24, the Senate Judiciary Committee will hear from friends and colleagues of Jackson about her temperament and approach to the law.
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