VIDEO RELEASE: Judge Jackson Cannot Define “Woman” During Blackburn SCOTUS Day Two Hearing Remarks

March 23, 2022

WASHINGTON, D.C. – U.S. Senator Marsha Blackburn (R-Tenn.) questioned Judge Ketanji Brown Jackson during day two of the Senate Judiciary Committee hearing for her nomination to the Supreme Court.

SCOTUS Questions Thumbnail_InTheNews
View full remarks here.

Judge Jackson Could Not Provide A Definition For The Word “Woman”


Blackburn: “In the United States v. Virginia…the Majority Justice Ginsburg stated, ‘supposed inherent differences are no longer accepted as a ground for race or national origin classifications, physical differences between men and women, however, are enduring. The two sexes are not fungible. A community made up exclusively of one. Sex is different from a community composed of both.’ Do you agree with Justice Ginsburg that there are physical differences between men and women that are enduring?...”


Blackburn: “Can you provide a definition for the word ‘woman’?”

Jackson: “Can I provide a definition?”

Blackburn: “Mhmm, yeah.”

Jackson: “No, I can’t.”

Blackburn: “You can’t?”

Jackson: “Not in this context--I’m not a biologist.”

Blackburn: “The meaning of the word woman is so unclear and controversial that you can't give me a definition?”

Jackson: “Senator, in my work as a judge, what I do is I address disputes. If there's a dispute about a definition, people make arguments, and I look at the law and I decide. So I’m not…”

Blackburn: “The fact that you can't give me a straight answer about something as fundamental as what a woman is underscores the dangers of the kind of progressive education that we are hearing about. Just last week, an entire generation of young girls watched as our taxpayer funded institutions permitted a biological man to compete and be a biological woman in the NCAA swimming championships. What message do you think this sends to girls who aspire to compete and win in sports at the highest levels?”


Roe v. Wade Was Judicial Activism That Cost The Lives Of Over 63 Million Unborn Children


Blackburn: “I have one from a friend from church and she said, ‘She seems really likable, but I'm not sure I agree with her on the issues.’ This is someone who is incredibly pro-life, and she's about my age. She's a mom and a grandmom and this is a question that is important for her to look at life…I want to go to you on something you said when you were in private practice. You made your views on pro-life and the pro-life movement very clear. In fact, you attacked pro-life women. This was in a brief that you wrote, you described them and I'm quoting ‘hostile, noisy crowd of in your face protesters.’ You advocated against the women's First Amendment, right? To express their sincerely-held views regarding the sanctity of each individual life. I'm a pro-life woman, 79% of the American women support restrictions of some type on abortion. So I find it incredibly concerning that someone who is nominated to a position with life tenure on the Supreme Court holds such a hostile view toward a view that is held as a mainstream belief—every life is worth protecting. So how do you justify that incendiary rhetoric against pro-life women?... In my opinion, [Roe v. Wade] was all an act of judicial activism and has cost the lives of over 63 million unborn children. Nearly 50 years later, this shameful ruling remains binding precedent, but the battle is being fought in the courts.”


Parents Want Public School Education, Not Indoctrination


Blackburn: “We had admonished the NEA for adopting pro-CRT materials during their annual organizing meeting and proposing to spend $127,000 in teachers dues to combat opponents of CRT. There are countless reports of CRT being pushed in the public school system. A lot of parents that I work with every day, every week, don't have the funds to send their child to a private school. They're relying on the school systems, the public school systems. It is important to them to have a Supreme Court that is going to protect parental rights to teach these children as parents see fit to have their children taught. I will tell you too with Georgetown Day School, I found it astounding that it teaches kindergartners five year old children, and I've got grandchildren, and they teach them that they can choose their gender. So is this what you were praising when you applauded the, and I'm quoting you ‘the transformative power of Georgetown Day Schools’ progressive education.’ Do you agree that our schools should teach children that they can choose their gender?”