Some have questioned whether Judge Ketanji Jackson should resign. Students for Fair Admissions Vs. Harvard If confirmed by the Supreme Court. It challenges Harvard University’s inclusion of race in its admissions process. The Supreme Court will hear the case next fall. This issue was raised in an earlier post.
Judge Jackson informed the Senate Judiciary Committee earlier today that she intended to withdraw from the case in the event of confirmation. The Senator Ted Cruz asked Judge Jackson if she planned to withdraw from the case. She replied, “That is my plan Senator.”
Jackson’s decision to withdraw from the case may have no effect on its outcome. Harvard was victorious below. To prevail the petitioners must have five votes. It is unlikely that Justice Jackson would favor them. Harvard needs to win at least two votes from the Court’s conservative justices, regardless of Jackson’s recuse.