Sen. Josh Hawley, R-Mo., questioned Judge Ketanji Brown Jackson as the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 22.
Hawley asked Jackson questions about her sentencing of an 18-year-old who, while still in high school, had possessed images depicting child abuse. Jackson had given the 18-year-old a sentence of three months, shorter than the 72 months prosecutors had requested and shorter than the than the 97 to 121 months Congress had recommended in sentencing guidelines.
“Congress wrote the guidelines in this case. They wanted him to be mandatory. They gave the courts factors to consider to choose between the sentencing range. Congress wanted you to choose between 97 and 121 months,” Hawley said.
Jackson responded that sentencing was left to the discretion of the judge and noted that the sentencing guidelines written by Congress were themselves knocked down by the Supreme Court.
“There is discretion and sentencing and when you look at the sentencing statutes, Congress has given the judges not only the discretion to make the decision but requires judges to do so on an individualized basis, taking into account not only the guidelines but also various factors, including the age of the defendant, the circumstances of the defendant, the terrible nature of the crime, the harm to the victims,” she said.
“I assure you that … if you were to look at the greater body of not only my more than 100 sentences, but also the sentences of other judges in my district and nationwide, you would see a very similar exercise of attempting to do what it is that judges do: attempting to take into account all of the relevant factors and do justice individually in each case.”
Jackson was nominated by President Joe Biden in February to replace retiring Supreme Court Justice Stephen Breyer. If confirmed, she will be the first Black woman on the high court. After opening statements from Jackson, her colleagues and the senators March 21, senators will spend two days questioning Jackson at length about her rulings and judicial philosophy. On the final day of the hearings March 24, the Senate Judiciary Committee will hear from friends and colleagues of Jackson about her temperament and approach to the law.

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