McConnell sees ‘marks of judicial activism’ in Jackson’s filing, but says GOP won’t call her ‘illegitimate’

Senate Minority Leader Mitch McConnell said on Thursday that Justice Ketanji Brown Jackson had a record of “judicial activism” that he feared taking to the Supreme Court – but would not seek to undermine his legitimacy because of it.

“I see characteristics of judicial activism in Judge Jackson’s case. Therefore, I will be voting no,” McConnell, R-Ky., said Thursday morning before a procedural vote on the nominee.

“We have seen time and time again that when judicial activism triumphs over loyalty to the rule of law, our courts mutate, become awkward proxy battlegrounds for arguments that belong to this house and 50 legislatures of ‘state,” McConnell said. “It’s unfair to the American people. It undermines our institutions, including the courts themselves.”

SCHUMER REVEALS TIMETABLE FOR FINAL VOTE ON SUPREME COURT CONFIRMATION OF KETANJI BROWN JACKSON

The Senate is expected to vote to formally confirm Jackson on Thursday afternoon, marking a major victory for President Biden and Democrats. Jackson will replace outgoing Justice Stephen Breyer, who said when he announced his retirement earlier this year that he would step down at the end of the Supreme Court’s current term.

But despite their reservations about him, McConnell said Republicans would accept that Jackson would soon serve on the Supreme Court for life.

MURKOWSKI AND ROMNEY BACK BIDEN’S CANDIDATE KETANJI BROWN JACKSON FOR SUPREME COURT

“Top Republicans won’t insinuate that she’s illegitimate. We won’t call a trial. I won’t join any crowds outside of her new workplace or threaten her by name,” McConnell said in comments directed at the behavior of Democrats regarding the Supreme. Court that Republicans say is dangerous.

Senate Minority Leader Mitch McConnell speaks to reporters after a Republican strategy meeting on Capitol Hill on October 19, 2021.
(AP Photo/Andrew Harnik)

“Democrats must stop their political seat of the institution that Judge Jackson is about to join,” he said. “They need to stop their attack on judicial independence. We are about to have a new judge whose fan club has openly attacked the rule of law.”

SENATE VOTES TO GO FORWARD WITH JACKSON’S SUPREME COURT APPOINTMENT AFTER JUDICIAL COMMITTEE STALE

Jackson’s confirmation will be bipartisan. The senses. Mitt Romney, R-Utah, Susan Collins, R-Maine and Lisa Murkowski, R-Alaska all said earlier this week they would vote for Jackson. They said they expected to have disagreements with Justice but she was well qualified for the job and therefore would have their votes.

Judge Ketanji Brown Jackson listens during her Senate Judiciary Committee confirmation hearing on March 23, 2022.
(AP Photo/Alex Brandon)

“My support is based on Judge Jackson’s qualifications, which no one questions; her demonstrated judicial independence; her demeanor and temperament; and the important perspective she would bring to the court as a replacement for Judge Breyer,” said Murkowski said. “It also rests on my rejection of the caustic politicization of the Supreme Court nominee review process, which on both sides of the aisle is getting worse and detached from reality with each passing year.”

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All 50 Democrats are expected to back Jackson, meaning she will comfortably clear the simple majority hurdle that must be confirmed in the Senate 50-50.

Nonetheless, McConnell said, Jackson seems destined to deliver Supreme Court rulings that will infuriate Republicans and please Democrats who lobbied for her.

“Judge Jackson will quickly face a bifurcation. One approach to her new job will delight the far left. A different approach would honor the separation of powers and the Constitution,” McConnell said. “Future Justice can either satisfy her radical fan club or help preserve the justice system that Americans need, but not both. I’m afraid the candidate’s record tells us what’s likely, but I hope that Judge Jackson will prove me wrong.”