WATCH: Sen. Ted Cruz questions Jackson on affirmative action case, gender definitions

Sen. Ted Cruz, R-Texas, posed another round of questions to Judge Ketanji Brown Jackson on March 23 as the Judiciary Committee continued its Supreme Court confirmation hearings.

Cruz brought up an ongoing lawsuit against Harvard University, the alma mater of both the senator and the judge, that poses a challenge to affirmative action. Pointing out that Jackson was a member of Harvard’s Board of Overseers, Cruz asked if she intended to recuse herself if she’s confirmed and the case reaches the Supreme Court.

“That is my plan,” Jackson said.

Cruz also asked Jackson for her view on the constitutional standard for gender discrimination, referring back to a line of questioning from Sen. Marsha Blackburn on Tuesday about the definition of “woman.”

Cruz asked if, “under the modern leftist sensibility,” he decides to be a woman, does he have Article Three standing to challenge a gender-based restriction. Similarly, he asked if he decides that he is an Asian man, if the same idea would apply.

“You’re asking me about hypotheticals,” Jackson said. “I would assess standing the way I assess other legal issues, which is to listen to the arguments made by the parties, consider the relevant precedents and constitutional principles involved and make a determination.”

Cruz also returned to the topic of Jackson’s sentencing of people convicted of child pornography crimes. Republicans have attempted to paint the judge as being soft on crime, but experts have said these attacks are misleading.

Wednesday was the Senate committee’s 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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