Capito Statement on Judge Jackson Confirmation Vote

Press Release

U.S. Senator Shelley Moore Capito (R-W.Va.) today issued the below statement regarding the upcoming vote on Judge Ketanji Brown Jackson's nomination to serve as an associate justice on the U.S. Supreme Court:

"As I have said from the beginning, I take my constitutional duty to evaluate Supreme Court nominees seriously, and I have approached the nomination process with an open mind. I met with Judge Jackson in my office to discuss her background and record, and I have closely followed her nomination hearings in the Senate Judiciary Committee.

"After meeting with Judge Jackson, reviewing her judicial record, and evaluating the issues raised during her nomination hearings, I have reached the conclusion that I will not vote to confirm her to the Supreme Court. I respect Judge Jackson's accomplishments, appreciate her personal outreach, and congratulate her on the historic nature of her nomination. However, I have concerns that prevent me from supporting her confirmation.

"Specifically, during her confirmation hearings, Judge Jackson would not define her judicial philosophy, which, for me, is one of the most important factors when considering nominees. Sitting on the Supreme Court is very different from serving as a judge in lower courts, and Judge Jackson's lack of a judicial philosophy provides little clarity as to how she will evaluate cases that come before her.

"Although Judge Jackson indicated that Supreme Court Justices must defer to the letter of the law and the text of the Constitution, some of her previous opinions have failed to adhere to this standard. Judge Jackson also suggested that she supports the ability of the Court to "discover' unenumerated rights that go beyond the original intent of the Constitution, which would turn the Supreme Court into an activist, quasi-legislative body.

"I am also concerned by Judge Jackson's inability to commit to reigning in executive agency overreach, particularly as the Biden administration implements agency rulemaking that goes beyond the statutory intent of Congress, and will harm my state of West Virginia particularly. The support of outside organizations that have explicitly advocated for an activist Justice who will pursue their far-left policy goals does not assuage these concerns.

"While I appreciate Judge Jackson's cordial visit with me, as well as her testimony before the Senate Judiciary Committee, these aforementioned concerns preclude me from being able to support her confirmation."

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