Topline
Supreme Court nominee Judge Ketanji Brown Jackson said Wednesday she’ll recuse herself from an upcoming case challenging Harvard University’s affirmative action policy if she’s confirmed to the court, as both she and Justice Clarence Thomas have come under scrutiny for their ties to the case.
Supreme Court nominee Ketanji Brown Jackson testifies during her Senate Judiciary Committee … [+]
Key Facts
Under questioning from Sen. Ted Cruz (R-Texas) about the case, Jackson said it “is my plan” to recuse herself from the Harvard case if confirmed.
Jackson attended Harvard Law School and serves on the university’s Board of Overseers, which has sparked scrutiny she could have a conflict of interest.
The court will hear two cases, likely next term after Jackson is likely confirmed, concerning affirmative action policies at Harvard and the University of North Carolina, which allege the universities’ policies unlawfully discriminate against Asian-American applicants.
Thomas has also faced calls to recuse himself from the case, after a group his wife Ginni serves on the board of, the National Association of Scholars, submitted an amicus brief with the court supporting the challengers—but he has not yet committed to doing so.
Chief Justice John Roberts and Justices Elena Kagan and Neil Gorsuch also attended Harvard Law School.
What To Watch For
The Senate will soon vote on Jackson’s confirmation after her hearings wrap up on Thursday, and she’s expected to receive a simple majority of votes and be confirmed to the court. If confirmed, she would take the bench when the Supreme Court’s next term begins in the fall, as Justice Stephen Breyer will stay on for the rest of this court term before retiring when it ends in late June or early July. The court has not yet said when it will hear the affirmative action case.
Tangent
Thomas was hospitalized on Friday for an infection after experiencing “flu-like symptoms” that are not Covid-19, the court announced on Sunday. The court said in its announcement Thomas was expected to be released by Tuesday night, but would not say as of Wednesday whether or not the justice is still in the hospital. He has not participated in oral arguments taking place this week, but will still be involved with deciding the cases based on briefs and transcripts of the hearings.
Key Background
The Supreme Court has come under growing scrutiny for justices’ perceived ethical conflicts. In addition to concerns over Thomas’ wife, a right-wing activist involved with many partisan political issues the court has and will consider, Gorsuch also came under criticism for speaking at a recent event for the Federalist Society alongside Republicans like former Vice President Mike Pence and Florida Gov. Ron DeSantis. The perceived conflicts—which come as the 6-3 conservative court already faces declining public trust—have led to growing calls for the Supreme Court to impose a code of ethics, as justices are not bound to follow an ethical code for federal judges in lower courts. Jackson said Tuesday during her confirmation hearing that she supports the court imposing such a code.
Further Reading
Ketanji Brown Jackson Hearings: Lindsey Graham Tells Supreme Court Nominee ‘You’re Doing It Wrong’ (Forbes)
Affirmative Action Could Soon Be Overturned As Supreme Court Takes Up Harvard And UNC Cases (Forbes)
Potential SCOTUS Nominee, on Harvard Board of Overseers, Could Face Conflict of Interest Questions in Affirmative Action Case (The Harvard Crimson)
Legal Scholars Push For Supreme Court Ethics Code As Gorsuch And Thomas Come Under Fire (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2022/03/23/supreme-court-nominee-ketanji-brown-jackson-says-shell-recuse-from-harvard-affirmative-action-case/