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WATCH: Sen. Graham accuses Jackson of ‘activism’ in immigration case

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Sen. Lindsay Graham, R-S.C., questioned Judge Ketanji Brown Jackson about “activism” in a high-profile immigration case, as the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 23. Graham criticized Jackson's rejection of the Trump administration's attempt, in 2019, to expand the authority of immigration officers to deport migrants on an expedited basis. Her decision was eventually reversed by the D.C. Circuit.

Graham pushed back against her ruling, saying this broader use of expedited removal would "remove a lot of the hurdles" that government officials might encounter when removing anyone who had been in the U.S. for fewer than two years. Previously, expedited removals largely focused on people who were immediately arrested after crossing the U.S.-Mexico border.

But in Make the Road New York v. McAleenan, Jackson said Congress gave the governing agency the authority to determine the length of time a migrant had been living in the U.S. before applying expedited removal. She added that other statutes and precedents based on case law gave further guidance on how federal agencies can make regulatory decisions.

It was senators’ final day to question Jackson, who 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. 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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Category
U.S. & Canada
Tags
KBJ, Ketanji Brown Jackson, SCOTUS
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