On the one hand, Judge Ketanji Brown Jackson says she does not believe in judicial activism and will stay within the law. On the other, she will not say what the limits are to the unwritten rights that she might later discover as a Supreme Court justice. That was the result of a careful but determined questioning Tuesday by Sen. John Cornyn (R-TX), who probed Judge Jackson’s judicial philosophy on the second day of her confirmation hearing at the Senate Judiciary Committee on Tuesday.......
But when Cornyn questioned her further about the doctrine of “substantive due process” — the idea that the Constitution incorporates rights that it does not actually enumerate explicitly — Judge Jackson seemed flummoxed by his queries...........So the Senator tried again: “What other unenumerated rights are out there?” Judge Jackson was evasive, saying that the question was “hypothetical.” Cornyn noted that while she purported to oppose judicial activism, she set no boundary for it.Judge Jackson protested that she would be bound by the law and
by judicial precedent. But Sen. Cornyn pointed out that as a Supreme
Court justice, she would be largely unconstrained by precedent, given
the Court’s tendency to set new precedents..........To Read More....
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