March 23, 2022
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20:37Now PlayingSen. John Cornyn, R-Texas, questioned Judge Ketanji Brown Jackson as the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 23. Cornyn asked Jackson about when the Supreme Court can overrule precedent, the idea of "super precedents," the Affordable Care Act mandate on contraception coverage and accommodating religious freedom.
"Religious freedom is a core foundational constitutional right," Jackson said in response to Cornyn's question. "It's in the First Amendment of the Constitution. And reflects the Founding Fathers' understanding of this country as being one that is based on, in large part, the idea of pluralism— the idea that people can come and have sincerely held religious beliefs and practice them without persecution."
Cornyn spent much of his time focusing on abortion, including the court's interpretation of Roe v. Wade and specifically the question of viability. "What does viability mean when it comes to an unborn child, in your understanding?" Cornyn asked.
Jackson declined to define viability, saying she was not a biologist, but adding: "What I know is that the Supreme Court has tests and standards that it's applied when it evaluates regulation of the right of a woman to terminate their pregnancy. The court has announced that there is a right to terminate up to the point of viability, subject to the framework and Roe and Casey," Jackson said. She added these questions like these are also currently before the court.
It was senators’ final day to question Jackson, who was nominated by President Joe Biden in February to replace retiring Supreme Court Justice Stephen Breyer. If confirmed, she will be the first Black woman on the high court. On the final day of the hearings March 24, the Senate Judiciary Committee will hear from friends and colleagues of Jackson about her temperament and approach to the law.
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