Sen. Amy Klobuchar, D-Minn., questioned Judge Ketanji Brown Jackson as the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 23.
Klobuchar pointed to a decision the Supreme Court made on Wednesday to toss out Wisconsin legislative redistricting maps. The decision was made through the use of a “shadow docket,” referring to the process through which justices make quick decisions with little to no oral arguments.
Klobuchar expressed concern about the increased use of this practice in cases that have “grave consequences for our democracy” and asked Jackson about her thoughts on the need for full briefings and public oral arguments.
“I understand that there’s a need to balance getting a full briefing with emergency circumstances,” Jackson responded. “But from my perspective as a judge in the work that I’ve been doing, I know it’s important to hear from the parties.”
Klobuchar also complemented Jackson’s ability to summarize complex legal thoughts in a way that makes them “accessible to the public.” She cited one of Jackson’s opinions as a U.S. District judge, ordering former Trump White House counsel Don McGahn to testify before the House in 2019.
Jackson said it was important in that ruling to clarify McGahn could “invoke executive privilege in response to particular questions but … couldn’t say, I don’t have to show up at all.”
“It’s important to be clear in your rulings so that people understand that judges are ruling consistent with the law and not their own personal views,” Jackson said.
Wednesday was the Senate committee’s 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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