‘I Agree With’ Amy Coney Barrett: Judge Ketanji Brown Jackson Rebuffs Durbin Question on ‘Court Packing’

Judge Ketanji Brown Jackson squarely agreed with Justice Amy Coney Barrett when Senate Judiciary Committee Chairman Dick Durbin asked her to weigh in on changing the size of the Supreme Court.

During Tuesday’s second day of confirmation hearings, Durbin got Judge Jackson to say something that court-watchers probably don’t expect to hear very often should she be seated to the Supreme Court: “I agree with Justice Barrett.”

At issue: Durbin’s question about changing the size of the court, which he first quoted then-Judge Barrett at length as declining to answer at her own confirmation hearings. Judge Jackson similarly declined, repeatedly telling Durbin she agrees with Barrett’s answer:

SENATOR DURBIN: The issue, which is come up to my surprise and I’ve spoken to my Republican colleagues about their fascination with it, is the notion that the composition of the Supreme Court, which you first euphemistically is referred to as court-packing. I said on the floor, and I will repeat here. There is exactly one living senator who has effectively changed the size of the Supreme Court. That was the Republican leader, Senator McConnell, who shrank the court to eight seats for nearly a year in 2016, when he blocked President Obama’s nomination of Merrick Garland. Now, that question on court-packing was posed to Amy Coney Barrett, justice in the court, when she appeared before this committee, she was asked about it. She said, and I quote, “could not opine on it.” And on many other policy issues, then-Judge Barrett said repeatedly she could not share her views, stating, and I quote, “I will not express a view on a matter of public policy, especially one that is politically controversial, because that is inconsistent with the judicial role.” I do believe we should have rules and traditions and precedents, but we shouldn’t have a separate set of rules for Republican nominees and Democratic nominees. So Judge Jackson, if a senator were to ask you today about proposals about changing the current size of the Supreme Court, what would your response be?

JUDGE JACKSON: Senator, I agree with Justice Barrett in her response to that question when she was asked before this committee, again, my North Star is. The consideration of the proper role of a judge in our constitutional scheme, and in my view, judges should not be speaking in, to political issues and certainly not a nominee for a position on the Supreme Court. So I agree with Justice Barrett.

Watch above via CNN.

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