What Is a Woman? A Woke DC Update

Recently, Congress passed the large omnibus spending bill.

The Good News: Pro-life Hyde protections remain in important federal spending provisions.
The Bad News: Harmful provisions under the Violence Against Women Act remained.

Speaking of women, a current U.S. Supreme Court nominee is having a hard time defining what a woman is.

This week, the Senate Judiciary Committee held hearings for the nomination of Judge Ketanji Brown Jackson to be an Associate Justice of the United States Supreme Court. Judge Jackson certainly holds high credentials. However, her answers during the nomination hearings raise concerns on how she will rule as a Justice of the nation’s highest Court. Here are some notable exchanges and information related to this week’s nomination hearings:

What is a woman?

“Can you provide the definition of the word, ‘woman’?” –Sen. Blackburn, TN

“I can’t. Not in this context. I’m not a biologist.” –Judge Jackson

“Do you agree with Justice Ginsburg that there are physical differences between men and women that are enduring?” –Sen. Blackburn, TN

“Senator, respectfully, I'm not familiar with that particular quote or case, so it’s hard for me to comment whether or not.” –Judge Jackson

Should life be protected?

“When does life begin, in your opinion?” –Sen. Kennedy, LA

“Senator, I don’t know.” –Judge Jackson

“Can an unborn child feel pain at 20 weeks in the birthing process?” –Sen. Graham, SC

“Senator, I don’t know.” –Judge Jackson

How should child pornography be punished?

Sen. Hawley (MO) raised multiple questions related to cases in which Judge Jackson provided lenient rulings on child pornography cases.

Sen. Hawley pointed out that in all child pornography cases in which she had discretion, Judge Jackson “sentenced below the guidelines and below the government’s recommendations.”

In one case, United States v. Hawkins, an 18-year-old uploaded 17 videos and 16 images of child pornography, including an 11-year-old committing a sexual act and being sexually assaulted by an adult male, as well as videos of multiple other minors videoed committing sexual acts.

The federal sentencing guidelines recommended 97 months, up to 10 years.

The “liberal” prosecutor asked for 2 years.

Judge Jackson issued a sentence of 3 months.

Judge Jackson’s response included that she “takes these cases very seriously” and that “sentencing is a discretionary act of a judge…on an individualized basis.”

Judge Jackson has previously argued in a paper at Harvard Law School that the judicial system is “unfair” to sexual predators and questioned whether they should even be imprisoned.

What is Marriage?

When Sen. Cornyn (TX) asked about the infamous Obergefell marriage case’s creation of conflict between religious beliefs and law:

Judge Jackson stated she would not be able to comment as these issues were making their way through the courts.

Note: When previously questioned on rights “not expressly enumerated in the Constitution,” Judge Jackson stated “Obergefell v. Hodges…affirms a constitutional right to marry.”

The nomination of a U.S. Supreme Court Justice reminds us of the impact nine lifetime appointments can have on each of our lives and the lives of future generations. Cases related to life, marriage, religious liberty, free speech, and more are decided by the individuals confirmed to the nation’s highest Court. It is truly a sobering moment, and a strong reminder that elections have consequences that will impact generations.

Our team will keep you updated as the nomination process continues.