CHARLESTON, W.Va. — U.S. Sen. Shelley Moore Capito, R-W.Va., will vote against confirming federal appeals court Judge Ketanji Brown Jackson to the Supreme Court.
Capito announced Thursday she does not support Jackson’s nomination to the high court, noting she made the decision following the Senate Judiciary Committee’s hearings on the nominee.
Capito and Jackson had a one-on-one meeting ahead of the committee hearings, in which Capito noted at the time an openness toward supporting Jackson.
“She didn’t really flesh out with me or with the committee what kind of judicial philosophy she would have in terms of how she would look at the Constitution and the way it would interact with contemporary life,” the senator said. “To me, you have to have a core belief, a judicial philosophy so we can tell what direction that she might go.”
Capito had expressed concerns regarding how Jackson would rule in cases on government authority, specifically related to energy regulations and the limitations of the president and Congress. Capito serves as the ranking member of the Senate Environment and Public Works Committee — which considers matters related to environmental policies, pollution and infrastructure — and she has raised concerns about the Biden administration’s actions on addressing climate change
“In a couple of cases, she had ruled in a philosophical way where her own personal beliefs were entering in, and then it was overturned by the whole panel of judges here in D.C.,” Capito said.
President Joe Biden nominated Jackson to the Supreme Court in February, in which Jackson would succeed Justice Stephen Breyer upon his retirement this summer. Jackson, who once clerked for Breyer, would be the first Black woman to serve on the Supreme Court if the Senate confirms the nomination.
The Senate approved Jackson’s nomination to the U.S. Court of Appeals for the District of Columbia Circuit in June 2021. Sen. Joe Manchin, D-W.Va., supported Jackson’s lower court nomination, while Capito voted in opposition.
The senator on Thursday said Jackson was aware of last year’s “no” vote. Capito contended she was trying to find something to change her vote, but the committee hearings only reaffirmed her stance.
“My first inclinations were correct when I made the first no vote,” she added. “I wanted to keep waiting to see if there was something else that would might change my mind, but it never occurred.”
Capito said she appreciated Jackson’s willingness to meet in the senator’s office and discuss her judicial background.
“There is no personal issue here,” she said.
Manchin announced last week his support for Jackson. Manchin also met Jackson before the Senate Judiciary Committee hearings.
“Her wide array of experiences in varying sectors of our judicial system have provided Judge Jackson a unique perspective that will serve her well on our nation’s highest court. During our meeting, she was warm and gracious,” Manchin said. “On top of her impressive resume, she has the temperament to make an exceptional jurist.”
Maine Sen. Susan Collins is the only Republican to announce their support for Jackson so far; Collins said Wednesday that Jackson has the “experience, qualifications, and integrity” to serve on the Supreme Court.
Collins was one of three Republicans who backed Jackson’s lower court nomination; Lindsey Graham of South Carolina, a member of the Judiciary Committee, said Thursday he will oppose confirming Jackson, while Alaska’s Lisa Murkowski has yet to announce her position.
The Senate Judiciary Committee is scheduled to vote Monday on Jackson’s nomination. The full Senate is expected to consider the matter next week.