Since Judge Jackson's nomination was announced, I made it clear that I would go into this process with an open mind, just as I've tried to do with each Supreme Court nominee that's come before the Judiciary Committee during my time in the Senate.
Ultimately, I fear Judge Jackson has a blind spot when it comes to judge-made law, and she would use her seat on the Supreme Court to create new rights out of whole cloth and engage in result-oriented decision-making.
For that reason, I will oppose Judge Jackson's confirmation to the Supreme Court of the United States.
WASHINGTON – Today on the floor, U.S. Senator John Cornyn (R-TX) announced he plans to vote against the nomination of Judge Ketanji Brown Jackson for the upcoming vacancy on the U.S. Supreme Court. Excerpts of Sen. Cornyn’s remarks are below, and video can be found here.
“Since Judge Jackson’s nomination was announced, I made it clear that I would go into this process with an open mind, just as I’ve tried to do with each Supreme Court nominee that’s come before the Judiciary Committee during my time in the Senate. This is now my eighth Supreme Court Justice to participate in the confirmation of.”
“I’ve seen the good, the bad, and the ugly when it comes to judicial confirmation hearings.”
“As I say, the job is not to start with the desired result, and work backwards, and cherry pick the legal reasoning to justify the decision.”
“Would she be an impartial umpire who follows the letter of the law, or would she attempt to legislate from the bench?”
“So I spent my time during the Judiciary Committee hearing asking her about unenumerated, or what you might call invisible, rights during her confirmation hearing – invisible because they’re not in the text. I told Judge Jackson it’s deeply concerning to me and to the people I represent that five unelected and unaccountable Justices could upend the will of the people by invalidating laws or inventing a new right out of whole cloth.”
“Judge Jackson previously suggested she didn’t have a judicial philosophy at all, something I find impossible to believe with somebody with this sort of experience, and background, and incredibly impressive education.”
“During her confirmation hearing, she failed to provide much clarity beyond offering vague statements about her methodology. But a methodology is not a philosophy. We need a clear understanding of how Judge Jackson views judge-made law.”
“As I reviewed Judge Jackson’s record, I saw some examples of activism bleeding through her decisions.”
“One of Judge Jackson’s opinions from her time on the D.C. District Court demonstrates the serious concerns I have about her ability to follow the letter of the law as expressed by Congress, as opposed to her personal preferences. In the case Make the Road NY v. McAleenan, a progressive organization challenged the Trump Administration regulation of expedited removal proceedings for people who illegally enter our country without the appropriate paperwork.”
“Judge Jackson, who presided over this case, decidedly did not stay in her lane. She went beyond the unambiguous text to deliver a political win to a progressive group and, in the process, entered an injunction barring the use of this tool that’s needed by the Border Patrol and immigration authorities in order to deter people from violating our immigration laws.”
“Unsurprisingly, her decision was appealed and ultimately overturned by the D.C. Circuit Court. I think this is a clear-cut example of Judge Jackson ignoring the law as written in order to achieve a result that she preferred.”
“If given a lifetime appointment to the Supreme Court, I have to wonder how many other laws would Judge Jackson ignore? How many other precedents would she seek to overturn simply because she doesn’t agree with them?”
“We have the responsibility to determine whether a nominee understands the important but limited role of federal judges and can be expected to act with restraint, fairness, impartiality, and, ultimately, in the best interest of the American people.”
“Ultimately, I fear Judge Jackson has a blind spot when it comes to judge-made law, and she would use her seat on the Supreme Court to create new rights out of whole cloth and engage in result-oriented decision-making.”
“For that reason, I will oppose Judge Jackson’s confirmation to the Supreme Court of the United States.”