Sen. Mike Lee, R-Utah, questioned Judge Ketanji Brown Jackson as the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 22. He asked several questions about the Ninth Amendment and her philosophy on rights that are not specifically enumerated in the constitution.
He also continued questioning about her decisions involving sentencing in child pornography cases, which have been a point of focus by Republicans throughout the hearings.
“The certain enhancements in [sentencing] guidelines, the data is now revealing, don’t take into account the change in the way this horrible offense is now committed,” Jackson said, referencing electronic exchange of child pornography.
Jackson, who once served as a member of the U.S. Sentencing Commission, said that “the sentencing enhancements that are in the guidelines are designed to help courts differentiate between different levels of culpability.”
She said the commission gathers data on the crimes committed “and what gradations should matter in terms of the range of culpability.”
“The problem of not doing that, or getting it wrong, is that you are not able to adequately assess and determine the differences among offenders on the on the scale,” Jackson said.
Jackson 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. After opening statements from Jackson, her colleagues and the senators March 21, senators will spend two days questioning Jackson at length about her rulings and judicial philosophy. 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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