now by Sai Krishna Prakash. He's a law professor at the University
of Virginia.
And a former clerk to Justice Clarence Thomas and Margaret Russell.
She is a law professor at Santa Clara University. Welcome to both
of you, Cyprus Cautious Let me start with you Were these the lines
of questioning that you expected going into this hearing? We've talked
about the child pornography We talked about.
Critical race theory. Questions about it. Will you tell me? I mean
is this Is this what you were expecting?
Judy. I think with respect to the child pornography cases very much,
so I think those were in the news before him.
Regarding the critical race stuff. Senator Cruz brought up information
that I wasn't aware of about what was being taught at that private
school in Georgetown.
And so I think that was something new that I hadn't expected. And
I think she handled it the best way she could. And just staying with
you. Cite Precautious. This are these the kinds of questions that
you think, help us. Understand what
What kind of justice she would be.
To some extent, Judy, I was like, you know, I think the better questions
are more about how you approach cases rather than discussing. I think
particular cases and how you ruled on them.
I think part of what's going on. With respect to some of the senators.
They're thinking about their public persona. They're thinking about
running for offices or another office in particular.
And they've got to speak to their base and they're doing so by asking
these questions and Margaret Russell to you. I mean, taking these
questions, along with the others that have been posed to Judge Jackson,
are. Are we getting a sense of her how she would
Judge how she would rule from the from the bench if she's confirmed.
Well, I think we're getting an excellent sense of her demeanor because
she has had the answer rapid fire questions and some that are really
more speeches and accusations, then questions and I think she
Has been very composed, um, but full throated
at sometimes when it is clear that what is being locked at her is
unfair. And I think they're of the child pornography questions that
she got.
And staying with you, Margaret Russell, are there. Are there lines
of questioning that in your sense? If you've watched Supreme Court
nomination hearings before that, you would expect that that would
be focused on here.
So far, and this is day two. Um, I actually think back to what I
know about
They're good Marshall's nomination hearing, which was in 1967, and
when I read some of the transcript of that, I thought, Oh, ones have
changed because back then the Southern Democrats are Dixiecrats would
just openly ask questions like
Are you prejudiced against white people? Um, what are you going to
do about the rate of crime? And these were very explicitly racialized
questions. So I think what surprised me compared to them is
Here They are again in a different form. Critical race theory. Um,
can we trust you to like white people?
One question that that struck me Cybercash was, she was asked
to explain. I think it was Senator Ben Sasse of Nebraska asked her
to which justices she admires or identifies with.
And he named the three current liberal justices Kagan, Sotomayor
and Breyer and asked her which, and she really did not want to be
pinned down is that in keeping with how previous nominees have handled
These kinds of questions when they've been asked about who on the
court they most admire, and that kind of question.
That's a great question, Judy. I think just the spirit and she was
up before the Supreme Court. She insisted that she would be her own
justice that she wouldn't just be a clone of Justice Scalia and so
I think
Uh, what Judge Jackson has said is consistent with what? How Judge
Judge Barrett handled that question on the question of philosophy.
More generally, she wouldn't put a name to it. She talked about her
methodology.
But what was striking about what she said, is how she repeatedly
referred to judicial restraint. Original public meaning the court
now is focused on original public meeting, and in many ways, she
sounded like a nominee that a Republican president might have made
to the court.
Margaret Russell. Do you think we're getting a sense of her judicial
philosophy? I remember hearing one of the senators say, Well, it
sounds to me like you're describing your methodology, but we don't
yet.
Know what your philosophy of judging is. How How does that come across
to you? Yes, And who knows where we draw the line between those two
words, But I was actually very impressed by her description of methodology
as a District court judge because the District court as as people
may know is where almost all federal cases start in the district
Court. It's the trial court.
And she was a trial court judge, which gives her a particular kind
of experience that is logical and its people based, um at that level,
not the appeals. So when she described her methodology of
Make sure I'm neutral, paying close attention to the facts and the
law. Apply the law to me that sounded like it sounded like a judicial
philosophy of
Faithfulness to the instrument and the office of the job, which she
later did describe in the ways that the professor mentioned
and and just picking up on that side precaution when we are keep
we keep being reminded that she's
She's handed down decisions and well over 500 different
Cases, which leaves her her work her body of work open for questioning.
Does that make her more vulnerable or less? I mean, how do you see
this fitting in with other
Nominees who come before the Senate judiciary before the Senate.
Well, I don't think the opinions are a vulnerability for her. I know
that several Republicans are trying to make it a vulnerability for
or are trying to score points in other fora bite talking about those
opinions, but I don't think their vulnerability.
And of course, the Biden administration would have taken those opinions
into account and and nominating her. I don't think she's going to
have a problem getting through the Senate. I think she's going to
get through with Republican votes. The only question is
How many she will get. So I don't think the opinions are a problem
for her at all. Even if you can quibble here and there with some
of those decisions or some of those sentences, just a very quick
final question. Margaret Russell so much attention on the fact that
she'd be the first black woman
To serve on the Supreme Court.
Has that made it harder for her. Do you think going through this
nomination process?
233 years. Yes. So I think because of the way the outside world and
we all view it, um, it it is harder. Um, internally.
I'm not so sure. Because she does. She has enormous gravitas. I've
never met her. But she just seems to have an inner direction. Um,
that does. She was asked couple times about what was going on in
the world. And did she read this? She just seems to have sort of
an inner
Um, sense of what her job is, and she obviously loves it. She's been
doing it for so long, and she wants to bring that seriousness along
without having people think so much about.
Her being the first
Margaret Russell Russell side, Krishna Prakash, Thank you both. We
appreciate it.
And we want you to tune in for the second day of questioning of Catania.
Brown Jackson. That's tomorrow. Starting at nine. A.m. Eastern, You
can watch our gavel to gavel coverage here on your local PBS station.
Check your local listings and you can watch on our website and our