Senator Cornyn

The promise of equal justice under law requires judges to follow the law regardless of their own personal feelings about the policies'.

Judge Jackson will attempt to use her vast legal skills to deliver specific results and get outside of her lane by making judge-made laws that are not supported by the text of the Constitution itself.

WASHINGTON – U.S. Senator John Cornyn (R-TX) released the following remarks after voting against the nomination of Judge Ketanji Brown Jackson for the upcoming vacancy on the U.S. Supreme Court. Video can be found here.

“The Senate must evaluate whether Judge Jackson will act fairly and impartially. We’ve also got to make a judgment whether she will leave her personal beliefs and policy preferences at the door and whether she will respect the bounds of her role as a judge or attempt to establish new judge-made law. This last point is absolutely critical in my view.”

“I think this is a blind spot for Judge Jackson and, frankly, many on the bench, particularly at the highest levels. Over the years, we’ve come to see a pattern of judges who embrace the concept of judge-made law.”

“Justices on the Supreme Court are not held accountable at the ballot box, and they aren’t evaluated every few years for their job performance. They’re nominated by the President and confirmed for a lifetime appointment.”

“She stopped the Administration from enacting immigration policies it had clear authority to implement according to the black letter law. Unsurprisingly, that decision was appealed and ultimately overturned by the D.C. Court of Appeals.”

“During sentencing hearings, Judge Jackson has said she disagrees with certain sentencing enhancements for policy reasons. That’s the word she used – for ‘policy’ reasons – and she chose to disregard its application. That’s not staying in your lane.”

“She also used a compassionate release motion to retroactively slash a dangerous drug dealer’s criminal sentence because she didn’t like that the government brought a mandatory minimum drug charge, even though the government had every right to do so under the applicable law.”

“The promise of equal justice under law requires judges to follow the law regardless of their own personal feelings about the policies.”

“Judge Jackson will attempt to use her vast legal skills to deliver specific results and get outside of her lane by making judge-made laws that are not supported by the text of the Constitution itself.”