FederalJudicialTexas Senators Cornyn, Cruz Vote Against Supreme Court Justice Ketanji Brown Jackson’s Confirmation

Cornyn and Cruz cited Jackson’s record of reduced sentencing in criminal cases as a reason for their opposition to her nomination.
April 7, 2022
The U.S. Senate voted 53 to 47 on Thursday to confirm the Supreme Court nomination of Ketanji Brown Jackson, with both of Texas’ senators voting against the nomination.

Senators in the chamber voted along party lines except for three Republicans who supported the nomination: Sens. Mitt Romney (R-UT), Susan Collins (R-ME), and Lisa Murkowski (R-AK).

Sens. John Cornyn (R-TX) and Ted Cruz (R-TX), both members of the Senate Judiciary Committee, probed Jackson’s judicial philosophy and record in the courtroom during her confirmation hearings in March.

The senators expressed concern about her defense of substantive due process — which Cornyn suggested was “just another way for judges to hide their policy-making” — and her reduced sentencing for child pornography offenders.

“The promise of equal justice under law requires judges to follow the law regardless of their own personal feelings about the policies,” said Cornyn on the Senate floor. “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.”

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“Based on her record, I believe [Jackson] will prove to be the furthest left of any justice to have ever served on the Supreme Court,” said Cruz at a press conference before the vote.

Cruz said that Jackson’s record was most “extreme” in the area of criminal law, saying that her average sentencing length for criminals was 29.9 months, compared to the average among all judges of 45.1 months.

Specifically for the crime of possession of child pornography, Cruz said that the national average sentencing length is 68 months, while Jackson sentenced those defendants to an average of 29.2 months.

“This is a nomination that was out of the mainstream, and I believe it’s a nomination that jeopardizes the constitutional rights of every American,” said Cruz.

Cornyn likewise criticized Jackson for her record in criminal cases.

“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,” said Cornyn. “That’s not staying in your lane.”


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Daniel Friend

Daniel Friend is the Marketing and Media Manager for The Texan. After graduating with a double-major in Political Science and Humanities, he wrote for The Texan as a reporter through June 2022. In his spare time, you're likely to find him working on The Testimony of Calvin Lewis, an Abolition of Man-inspired novel and theatrical podcast.