With Judge Ketanji Brown Jackson’s confirmation hearing starting today, it’s critical to consider questions about voting rights and democracy that might come before a Justice Jackson.
As much as reproductive rights, money in politics, or climate regulation, the future of our republic is among the most important questions facing the Supreme Court, and it must be part of the national conversation. Two pressing questions include:
- How might a Justice Jackson approach the “independent state legislatures” theory espoused by some members of the Court, which could handcuff state courts from preventing gerrymandering and enforcing fair elections rules?
- How might a Justice Jackson approach challenges to what remains of the Voting Rights Act, which threaten the few remaining protections for fair racial representation in Congress and state and local governments?
While Judge Jackson won’t indicate how she’d rule in future cases, senators and those covering the hearing should consider these pressing questions in their statements, questions, and coverage.