
Published March 22, 2022 2:46pm EDT
Supreme Court nominee Jackson doesn't 'quite remember the basis' for Dred Scott decision
The Dred Scott case is among the most notorious in the Supreme Court's history
By Ronn Blitzer | Fox News
Judge Ketanji Brown Jackson, who President Biden nominated to the Supreme Court to become the first ever Black female justice, admitted Tuesday that she could not recall the basis for the infamous Dred Scott decision, which in 1857 said that a Black person whose ancestors had been slaves could not be an American citizen.
The case came up during Jackson’s confirmation hearing on Tuesday, when she faced questioning from Sen. John Cornyn, R-Texas. Cornyn brought up the concept of substantive due process, a legal doctrine utilized to expand the Constitution’s due process clause to protect various rights not enumerated in the Constitution.
"Why isn't substantive due process just another way for judges to hide their policy making under the guise of interpreting the Constitution," Cornyn said, criticizing the doctrine.
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https://www.foxnews.com/politics/supreme-court-nominee-jackson-dred-scott-decision-basis