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Morning Briefing

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Thursday, Mar 24 2022

Full Issue

After 3 Days, Hearings Shed Little Light On KBJ's Stance On Roe, ACA, More

Questioning has ended, but the public heard little of substance about how Supreme Court nominee Ketanji Brown Jackson would rule on pressing health matters that would affect most Americans.

The nation's first Black woman nominated to the U.S. Supreme Court, Judge Ketanji Brown Jackson, cleared 19-hours of grueling questioning at the Senate Judiciary Committee on Wednesday, appearing headed toward confirmation as a justice with support from all Democrats and a small number of Republicans. "In my capacity as a justice, I would do what I've done for the past decade," Jackson told the committee on her third day of testimony, "which is to rule from a position of neutrality, to look carefully at the facts and鈥 to render rulings that I believe and that I hope that people would have confidence in." (Dwyer, 3/23)

Republican senators painted Supreme Court nominee Ketanji Brown Jackson as hostile to anti-abortion views, twisting words from a legal brief she co-signed years ago as evidence she would rule broadly against abortion opponents. That鈥檚 a misrepresentation. (Yen and Woodward, 3/24)

For several decades, Republicans used Supreme Court nomination hearings to sharpen their knives against Roe v. Wade. They have long seized the opportunity to make their case against Roe, railing against the decision as a paragon of judicial activism and overreach. During Ketanji Brown Jackson鈥檚 hearings this week, GOP senators have, predictably, condemned Roe鈥攂ut not as much as might be expected. Instead, many senators have turned their attention to a different precedent that鈥檚 likely next on their hit list once Roe likely falls this summer: Obergefell v. Hodges, the 2015 decision recognizing same-sex couples鈥 constitutional right to marry. (Stern, 3/23)

If Judge Ketanji Brown Jackson is confirmed to the U.S. Supreme Court, she will set precedent as not only the first Black woman to sit on the nation's high court, but also as the second-consecutive working mother to be confirmed. Jackson, 51, is the mother of two school-age daughters, Talia and Leila. The most recent justice confirmed to the Supreme Court, Justice Amy Coney Barrett, is a mother of seven children, five biological and two who were adopted from Haiti. ... On Tuesday, in response to a question from Democratic Sen. Cory Booker, of New Jersey, Jackson opened up more about juggling her career and motherhood. She spoke about missing events in her daughters' lives because of her job, and said that she "didn't always get the balance right." (Kindelan, 3/23)

Sen. Thom Tillis (R-N.C.) asked her about a ruling on the issue of releasing inmates during the coronavirus pandemic, in which she had written, 鈥淭he obvious increased risk of harm that the COVID-19 pandemic poses 鈥 reasonably suggests that each and every defendant that is currently in the D.C. Department of Corrections custody and thus cannot take individual measures to control their own hygiene and distance themselves from others should be released.鈥 Tillis asked her, 鈥淒o I read that statement to say that you felt, given the circumstances of the time, they should all be released?鈥 Jackson responded, 鈥淣o, senator, you don鈥檛 read it correctly.鈥 (Blake, 3/23)

Also 鈥

Democrats are barreling forward with Judge Ketanji Brown Jackson's Supreme Court confirmation after she emerged from two days of high-profile questioning largely unscathed.聽How far above 50 votes Jackson will ultimately get is unclear. Republicans are skeptical she鈥檒l get more than one or two of their members, as GOP senators harden their lines of attack against her nomination.聽(Carney, 3/24)

One senator asked Judge Ketanji Brown Jackson, President Biden鈥檚 Supreme Court pick, how religious she was 鈥渙n a scale of 1 to 10.鈥 Another asked her to define the word 鈥渨oman.鈥 A third wanted to know if babies are racist. Supreme Court confirmation hearings have long been criticized as empty rituals, or worse. But the complaints have mostly focused on nominees鈥 failure to answer questions about how they would rule. (Liptak, 3/23)

And questions linger about the health of Supreme Court Justice Clarence Thomas 鈥

Justice Clarence Thomas missed oral arguments at the Supreme Court this week because of his hospitalization for treatment of an infection. A court spokeswoman declined to provide an update on Thomas鈥檚 condition. He was admitted to Sibley Memorial Hospital in Washington Friday night, complaining of flu-like symptoms. Sunday night, the court said in a new release that he had been diagnosed with an infection and was being treated with intravenous antibiotics. ... Justices decide for themselves how much health information they will release to the public, and there has been no additional guidance. (Barnes, 3/23)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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