Judge Ketanji Brown Jackson, Biden’s nominee for the Supreme Court, said that she could not define the word “woman” when asked about it by Senator Marsha Blackburn on Tuesday.
On Wednesday, Sen. Ted Cruz continued to grill the nominee about basic biology, asking if he can identify as an Asian man.
“Let me ask you,” Cruz began. “As a judge, how would you determine if a plaintiff had Article III standing to challenge a gender-based rule, regulation, policy without being able to determine what a woman was?”
Jackson interjected that she knows both she and Blackburn are women.
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“But let me ask, under the modern leftist sensibilities, if I decide right now that I’m a woman, and apparently I’m a woman. Does that mean that I would have Article III standing to challenge a gender-based restriction?”
Jackson declined to answer, saying “those kinds of issues are working their way through the courts and I’m not able to comment on them.”
“Ok, if I can change my gender, if I can be a woman, and an hour later if I decide that I’m not a woman anymore, I guess I would lose Article III standing,” he said. “Tell me, does that same principle apply to other protected characteristics? For example, I’m a Hispanic man. Could I decide I was an Asian man? Would I have the ability to be an Asian man and challenge Harvard’s discrimination because I made that decision?”
Jackson again refused to answer, saying “Senator, I’m not able to answer your question. You’re asking me about hypotheticals.”
“I’m asking you how you would assess standing if I came in and said if I have decided I identify as an Asian man.”
Jackson said that she “would assess standing the way I assess other legal issues, which is to listen to the arguments made by the parties, consider the relevant precedents and constitutional principles involved and make a determination.”