Sunday, April 3, 2022

Sunday Best: What happens next for Judge Ketanji Brown Jackson?

The road to the Supreme Court has been a rocky one.

This week, the Senate Judiciary Committee is expected to vote on Judge Ketanji Brown Jackson's nomination to the Supreme Court.

The road to this point has been paved with controversy. Republican attacks on Judge Jackson during her recent confirmation hearing "verged on the unhinged," Linda Greenhouse argued. For example, as Emily Bazelon noted, critiques of the length of some of the sentences she's meted out in cases of child sex abuse imagery omitted the fact that such sentencing is "almost identical" to the national average," according to one expert.

Now, "in all likelihood, the Republicans who tried to discredit her won't stop her from reaching the Supreme Court," Bazelon wrote. The backing of Senator Joe Manchin, Democrat of West Virginia, suggests all 50 Senate Democrats will support her nomination. And Senator Susan Collins, Republican of Maine, has said she'll be following suit.

But the attacks could still leave a lasting mark. And as Bazelon notes, "They may cause other judges to refrain from sentencing proportionally and instead follow the guidelines or apply the maximum sentence." That, she wrote, should be cause for concern.

— Jennifer Brown

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