BREAKING: race-conscious public-school admissions fight in Fairfax, Viriginia comes to SCOTUS shadow docket
The case involves a new admissions policy at Thomas Jefferson High School for Science and Technology, an elite school in Fairfax. The policy makes no mention of race but plaintiffs say it was motivated by a desire to dampen Asian enrollment in favor of black & Hispanic students.
Senator Ossoff is giving Judge Jackson an opportunity to explain the importance of the Sixth Amendment right to trial and Gideon v. Wainwright, the 1963 SCOTUS decision guaranteeing free representation for those who cannot afford to hire a lawyer.
An antidote to GOP senators' schitzophrenic harping on (1) the difference between enumerated & unenumerated rights and (2) her representation of undesirable defendants.
Here's an enumerated right Jackson dedicated herself to protecting as a public defender.
KBJ ready for a very long day of questions: half an hour per member of the judiciary committee. Dick Durbin up first.
Durbin asks about judicial philosophy.
KBJ: I'm aware I have limited power and I try in every case to stay in my lane. First, neutrality: I clear my mind of preconceived notions. Second, receive all appropriate inputs (hearing, briefs, amici, factual record).
Third, interpretion & application of the law to the facts. Here, many constraints on the judge. Threshold matters like jurisdiction, standing. Then, look at the text: what those words mean according to what the people who wrote them meant by them.
Just occurred to me there are going to be some big passionate dissents in May and June and the dissenters are going to rue the current stoppage in bench announcements.
Some dissents really need to be read aloud—and listened to.
So far this semester I’ve played my students the audio of Justice Kagan dissenting in Rucho and Justice Breyer dissenting in Parents Involved. A lot more impactful than just printed words on a page.
Also that super animated Breyer voice. Going to miss it.
Richard Blumenthal now making his opening remarks.
That means Josh Hawley of Missouri is up next. One wonders if he'll press on with the soft-on-child-porngraphers line he trial-ballooned last week on Twitter (and was criticized for by very conservative people).
Hawley begins, all smiles and congratulations.
Hawley launches into a litany of Judge Jackson's sentences in child pornography cases which he suggests were too light. Judge Jackson is taking notes.