Morning Briefing
Summaries of health policy coverage from major news organizations
After 3 Days, Hearings Shed Little Light On KBJ's Stance On Roe, ACA, More
ABC News: Ketanji Brown Jackson Clears Major Hurdle In Historic Supreme Court Bid
The nation's first Black woman nominated to the U.S. Supreme Court, Judge Ketanji Brown Jackson, cleared 19-hours of grueling questioning at the Senate Judiciary Committee on Wednesday, appearing headed toward confirmation as a justice with support from all Democrats and a small number of Republicans. "In my capacity as a justice, I would do what I've done for the past decade," Jackson told the committee on her third day of testimony, "which is to rule from a position of neutrality, to look carefully at the facts and… to render rulings that I believe and that I hope that people would have confidence in." (Dwyer, 3/23)
AP: AP FACT CHECK: Senators Misrepresent Jackson On Abortion
Republican senators painted Supreme Court nominee Ketanji Brown Jackson as hostile to anti-abortion views, twisting words from a legal brief she co-signed years ago as evidence she would rule broadly against abortion opponents. That’s a misrepresentation. (Yen and Woodward, 3/24)
Slate: The KBJ Hearings Show Marriage Equality Is The Next Target After Roe.
For several decades, Republicans used Supreme Court nomination hearings to sharpen their knives against Roe v. Wade. They have long seized the opportunity to make their case against Roe, railing against the decision as a paragon of judicial activism and overreach. During Ketanji Brown Jackson’s hearings this week, GOP senators have, predictably, condemned Roe—but not as much as might be expected. Instead, many senators have turned their attention to a different precedent that’s likely next on their hit list once Roe likely falls this summer: Obergefell v. Hodges, the 2015 decision recognizing same-sex couples’ constitutional right to marry. (Stern, 3/23)
ABC News: Ketanji Brown Jackson Highlights Challenge Of Being A Working Mom In Supreme Court Confirmation Hearings
If Judge Ketanji Brown Jackson is confirmed to the U.S. Supreme Court, she will set precedent as not only the first Black woman to sit on the nation's high court, but also as the second-consecutive working mother to be confirmed. Jackson, 51, is the mother of two school-age daughters, Talia and Leila. The most recent justice confirmed to the Supreme Court, Justice Amy Coney Barrett, is a mother of seven children, five biological and two who were adopted from Haiti. ... On Tuesday, in response to a question from Democratic Sen. Cory Booker, of New Jersey, Jackson opened up more about juggling her career and motherhood. She spoke about missing events in her daughters' lives because of her job, and said that she "didn't always get the balance right." (Kindelan, 3/23)
The Washington Post: Takeaways From Day 3 Of Supreme Court Pick Ketanji Brown Jackson’s Hearing
Sen. Thom Tillis (R-N.C.) asked her about a ruling on the issue of releasing inmates during the coronavirus pandemic, in which she had written, “The obvious increased risk of harm that the COVID-19 pandemic poses … reasonably suggests that each and every defendant that is currently in the D.C. Department of Corrections custody and thus cannot take individual measures to control their own hygiene and distance themselves from others should be released.” Tillis asked her, “Do I read that statement to say that you felt, given the circumstances of the time, they should all be released?” Jackson responded, “No, senator, you don’t read it correctly.” (Blake, 3/23)
Also —
The Hill: Dems Plow Toward Supreme Court Vote After Testy Hearing
Democrats are barreling forward with Judge Ketanji Brown Jackson's Supreme Court confirmation after she emerged from two days of high-profile questioning largely unscathed. How far above 50 votes Jackson will ultimately get is unclear. Republicans are skeptical she’ll get more than one or two of their members, as GOP senators harden their lines of attack against her nomination. (Carney, 3/24)
The New York Times: Confirmation Hearings, Once Focused On Law, Are Now Mired In Politics
One senator asked Judge Ketanji Brown Jackson, President Biden’s Supreme Court pick, how religious she was “on a scale of 1 to 10.” Another asked her to define the word “woman.” A third wanted to know if babies are racist. Supreme Court confirmation hearings have long been criticized as empty rituals, or worse. But the complaints have mostly focused on nominees’ failure to answer questions about how they would rule. (Liptak, 3/23)
And questions linger about the health of Supreme Court Justice Clarence Thomas —
The Washington Post: Clarence Thomas Misses Supreme Court Arguments Because Of Hospitalization
Justice Clarence Thomas missed oral arguments at the Supreme Court this week because of his hospitalization for treatment of an infection. A court spokeswoman declined to provide an update on Thomas’s condition. He was admitted to Sibley Memorial Hospital in Washington Friday night, complaining of flu-like symptoms. Sunday night, the court said in a new release that he had been diagnosed with an infection and was being treated with intravenous antibiotics. ... Justices decide for themselves how much health information they will release to the public, and there has been no additional guidance. (Barnes, 3/23)
