U.S. Senator Shelley Moore Capito, R-W.Va., announced today via news release that she will not vote to confirm Judge Ketanji Brown Jackson to the United State Supreme Court.
President Joe Biden nominated Jackson to fill the vacancy left with the retirement of Associate Justice Stephen Breyer.
Capito said she took her duty to evaluate Jackson’s nomination seriously and approached it with an open mind, meeting with Jackson in Capito’s office to discuss her background and record, including her time as a federal judge on the United States Court of Appeals for the District of Columbia Circuit.
“After meeting with Judge Jackson, reviewing her judicial record, and evaluating the issues raised during her nomination hearings, I have reached the conclusion that I will not vote to confirm her to the Supreme Court,” Capito said in her statement. “I respect Judge Jackson’s accomplishments, appreciate her personal outreach, and congratulate her on the historic nature of her nomination. However, I have concerns that prevent me from supporting her confirmation.
“Specifically, during her confirmation hearings, Judge Jackson would not define her judicial philosophy, which, for me, is one of the most important factors when considering nominees,” she added. “Sitting on the Supreme Court is very different from serving as a judge in lower courts, and Judge Jackson’s lack of a judicial philosophy provides little clarity as to how she will evaluate cases that come before her.
“Although Judge Jackson indicated that Supreme Court Justices must defer to the letter of the law and the text of the Constitution, some of her previous opinions have failed to adhere to this standard. Judge Jackson also suggested that she supports the ability of the Court to ‘discover’ unenumerated rights that go beyond the original intent of the Constitution, which would turn the Supreme Court into an activist, quasi-legislative body.
Capito said she also was concerned by Jackson’s “inability to commit to reining in executive agency overreach,” which she said particularly harms West Virginia.
“The support of outside organizations that have explicitly advocated for an activist Justice who will pursue their far-left policy goals does not assuage these concerns,” Capito said. “While I appreciate Judge Jackson’s cordial visit with me, as well as her testimony before the Senate Judiciary Committee, these aforementioned concerns preclude me from being able to support her confirmation.”
Sen. Joe Manchin, D-W.Va., recently announced that he will vote to confirm Jackson, as has Sen. Susan Collins, R-Maine, giving Jackson at least one GOP vote.