Over the first two days of hearings, Republican senators characterized Supreme Court nominee Ketanji Brown Jackson's judicial views as extremist and soft on crime. Here's a look at the claims and facts.
WASHINGTON — Republican senators characterized Supreme Court nominee Ketanji Brown Jackson's judicial views as extremist and soft on crime, using her confirmation hearings to air a line of conservative grievances that relied at times on distortions of her record.
What's this got to do with Jackson? As a public defender before becoming a judge, she was assigned to represent four men who had been held at Guantanamo, and some Republicans are arguing that makes her soft on terrorism. There are now 38 men at Guantanamo, following the release of two each under Presidents Donald Trump and Joe Biden.TEXAS SEN. JOHN CORNYN: “Why in the world would you call Secretary of Defense Rumsfeld and George W. Bush war criminals in a legal filing?"
In 2005, as an assistant public defender, Jackson signed a petition for habeas corpus on behalf of one of the detainees she represented, alleging he was being held under conditions that violated his rights to dignity and freedom from torture and cruel punishment. Obama, who approved the 2014 prisoner exchange, acknowledged at the time that the U.S. was aware the five detainees might work against the U.S. if released. But the administration decided to go ahead with the exchange because of concerns about Bergdahl's deteriorating health.
THE FACTS: They’re both incorrect. Jackson never called for it to be incorporated in federal sentencing nor said it should be used as part of the work as a judge. In other words, she indicates that critical race theory might be one of many potential factors in play in sentencing, not a mandatory consideration.
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