Sen. Mike Lee, R-Utah, questioned Judge Ketanji Brown Jackson about the equal protection clause of the 14th Amendment as the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 22.
“When is it permissible for an employer to treat an employee or a prospective employee differently on the basis of his or her race?” Lee asked.
“By statute, under Title VII, it is generally impermissible,” she said.
Jackson agreed with Lee’s understanding that there are some exemptions for religious employers to protect their ability to operate within the rules of their faith.
Lee also said that the government discriminating against someone because of their race is “especially bad, because there’s not exactly equal bargaining power when you’re dealing with the relationship an individual has with government.” He did not ask for Jackson’s response.
Jackson 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. After opening statements from Jackson, her colleagues and the senators March 21, senators will spend two days questioning Jackson at length about her rulings and judicial philosophy. 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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