KBJ on court-packing: 'Judges should not be speaking to political issues'

Supreme Court nominee Ketanji Brown Jackson declined on Tuesday to say whether she supports adding additional justices to the nation's highest court, saying such speculation would go beyond "the proper role of a judge."

“Again, my north star is the consideration of the proper role of a judge in our constitutional scheme,” Jackson said, responding to Senate Judiciary Chair Dick Durbin (D-Ill.). “And in my view, judges should not be speaking to political issues and certainly not a nominee for a position on the Supreme Court.”

When Judiciary Committee ranking member Chuck Grassley (R-Iowa) noted that past and current justices, including Stephen Breyer and Ruth Bader Ginsburg, have shared their opinions against court packing, Jackson cited Justice Amy Coney Barrett, who declined to comment on the topic during her 2020 confirmation hearings.

"Respectfully, senator, other nominees to the Supreme Court have responded as I will, which is that it is a policy question for Congress and I am particularly mindful of not speaking to policy issues because I am so committed to staying in my lane of the system," she said.

Durbin began the second day of Jackson's confirmation hearings Tuesday, focusing his questions on the concerns expressed by GOP senators the day before. He noted there were two issues “that came up repeatedly yesterday from the other side of the aisle:” Jackson’s judicial philosophy and her past rulings in child pornography cases.

When asked about her philosophy, Jackson emphasized impartiality in her judicial ruling process, noting she does not import her “personal views or policy preferences” into decisions.

“I am acutely aware that as a judge, in our system, I have limited power, and I am trying in every case to stay in my lane,” Jackson said.

Durbin also made reference to questions raised by Sen. Josh Hawley (R-Mo.), who said in his opening statement on Monday that he intends to ask Jackson about what he characterized as her overly lenient sentencing decisions in child pornography cases.

“As a mother, and a judge who has had to deal with these cases, I was thinking that nothing could be further from the truth,” Jackson said.