U.S. Sen. Tom Cotton questions Supreme Court nominee Jackson on criminal justice

Sen. Tom Cotton, R-Ark., listens as Supreme Court nominee Ketanji Brown Jackson testifies during her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, Tuesday, March 22, 2022. (AP Photo/Alex Brandon)
Sen. Tom Cotton, R-Ark., listens as Supreme Court nominee Ketanji Brown Jackson testifies during her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, Tuesday, March 22, 2022. (AP Photo/Alex Brandon)


WASHINGTON -- U.S. Sen. Tom Cotton delivered his first robust criticism of Supreme Court nominee Ketanji Brown Jackson on Tuesday, pressing the judge for her thoughts on criminal sentencing during a marathon hearing.

Jackson, who was nominated by President Joe Biden to fill the Supreme Court seat held by retiring Justice Stephen Breyer, is a federal appeals judge and would be the first Black woman to serve on the nation's highest court, if confirmed.

The line of questioning from the Arkansas Republican centered on criminal justice issues, in particular whether the U.S. should weaken or strengthen criminal sentences in cases on fentanyl trafficking and child pornography.

"It's not that they're difficult questions. It's that they're not questions for me," she said. "I am not the Congress. I am not making policy around sentencing."

Instead, Jackson said, it's her job to look at particular cases and decide penalties from within a range that's laid out by Congress.

Jackson, a former federal public defender, serves on the U.S. Court of Appeals for the District of Columbia Circuit.

Last year, the Senate confirmed Jackson to the federal appellate court role in a 53-44 vote. Both Cotton and Sen. John Boozman, R-Ark., voted against her confirmation to the appellate court.

Three Republicans voted in favor of her confirmation last year: Lindsey Graham of South Carolina, Susan Collins of Maine and Lisa Murkowski of Alaska.

Jackson's nomination is not expected to tip the balance of the top court. Republican presidents nominated six of the justices on the court. Democratic presidents have nominated three.

Breyer, 83, announced earlier this year that he would retire. He was nominated by former President Bill Clinton.

On Tuesday, Cotton's questioning came during a daylong hearing in which Jackson responded to questions from members of the Senate Judiciary Committee.

The senator questioned Jackson for roughly 30 minutes and struck a pressing tone with the judge.

Perhaps the most contentious part of Cotton's questioning came during a back and forth over a case in which Jackson sentenced the defendant to 20 years in prison. Cotton said she later reduced the man's sentence.

"You took a motion for compassionate release, to get out of prison, and turned it into a motion to reduce a sentence," Cotton said.

"You twisted the law and you rewrote it, so you could cut the sentence of a drug kingpin," he said.

Jackson pushed back on the assertion. Congress provided judges with the opportunity to review sentences through a compassionate release mechanism, she said.

Cotton also asked her whether she thinks the nation needs more or fewer police officers. When Jackson sidestepped the question, he pressed her on it again.

That issue is a policy decision made by another branch of the government, she said, arguing it's a topic that judges do not have control over.

"I will stay in my lane in terms of the kinds of things that are properly in the judicial branch," she said.

"OK, [if] you don't want to address whether the United States needs more or fewer police, we'll move on," he said.

Jackson's nomination has drawn support from members of the law enforcement community.

In a letter dated earlier this month, current and former police chiefs from various parts of the nation urged Jackson's confirmation and described her as "eminently qualified" for the U.S. Supreme Court.

"Judge Jackson comes from a law enforcement family," read the letter. "Such direct familiarity with the experiences and challenges of law enforcement enriches her understanding of criminal justice issues. All police officers have a duty to protect the public. Judge Jackson knows that."

Leading up to the hearing, Cotton generally stayed tight-lipped about his thoughts on Jackson, and it largely remained unknown how he would handle the high-profile event.

Last week, Cotton said he had a "cordial" conversation with Jackson.

In late January, before Jackson's nomination was announced, Cotton acknowledged the limitations of Republican support for a Biden Supreme Court nominee during an interview on Fox News.

"I can't say that I've got wild expectations that Joe Biden is going to nominate someone who I think I can support or many Republicans can support," he said.


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