Ketanji Brown-Jackson promises to recuse herself from Harvard's affirmative action SCOTUS case

During her confirmation hearing Wednesday, Ketanji Brown-Jackson promised to recuse herself from the impending affirmative action case Students for Fair Admissions v. President & Fellows of Harvard College.

As Campus Reform reported in January, the Supreme Court is expected to decide the case during the 2022-2023 term.

During her confirmation hearing Wednesday for the Supreme Court, Ketanji Brown-Jackson promised to recuse herself from the impending affirmative action case Students for Fair Admissions v. President & Fellows of Harvard College.

Campus Reform previously spoke with Cato Institute Research Fellow Thomas Berry, who also posed the rhetorical question about whether or not Jackson would recuse herself if confirmed.

Berry noted that Jackson is a Harvard alumna and member of its Board of Overseers.

"So the big question mark is whether, if she is confirmed, will she also recuse from this affirmative action case?" Berry asked.

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Jackson answered the pending question in response to a probe by Republican Senator Ted Cruz (TX), affirming that it is her "plan" to recuse should she be elevated to the nation's highest court. 

As Campus Reform reported in January, the Supreme Court is expected to decide jointly Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina during the 2022-2023 term. 

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"Supreme Court justices generally have a higher bar for recusal than District and Circuit court judges, because a district or circuit court judge, the case can simply be assigned to someone else," Berry explained. "Supreme Court justices, you can't bring in anyone else to take that slot."

Berry continued, "Her recusal in the affirmative action case would mean it would be decided by eight justices, and could potentially change the outcome. So I think she'll do anything she can, if confirmed, to try to eliminate that conflict of interest."

Jackson's hearing began on Mar. 21. The Senate Judiciary Committee vote is expected to occur on Apr. 4. 

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