Jackson says she'd recuse from Asian-American discrimination case against Harvard

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Senate Judiciary Committee holds a hearing on the nomination of Ketanji Brown Jackson to be an Associate Justice of the Supreme Court of the United States

Supreme Court nominee Judge Ketanji Brown Jackson Wednesday said she will recuse herself from an upcoming case on Harvard University allegedly discriminating against Asian-American students. 

Jackson, a member of the Harvard University Board of Overseers, made the commitment while being questioned by Sen. Ted Cruz, R-Texas, in her confirmation hearing.

Supreme Court nominee Ketanji Brown Jackson testifies during her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, Wednesday, March 23, 2022.  (AP Photo/Alex Brandon)

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"That is my plan, senator," Jackson said when Cruz asked the judge if she would recuse from the case because of her association with Harvard. 

The Supreme Court in January agreed to hear two cases brought by the group Students for Fair Admissions – one against Harvard and another against the University of North Carolina. 

The group alleges Harvard is engaged in the "unbridled use of race" in limiting the admission of Asian-Americans to its institution. The lawsuit touches on the hot-button issue of affirmative action. 

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The Supreme Court is expected to hear the case in its next term, which begins in October. If confirmed, Jackson will replace retiring Justice Stephen Breyer in the summer, at the end of the court's current term. 

Cruz referenced the case as part of comments referencing an exchange between Jackson and Sen. Marsha Blackburn, R-Tenn., from Tuesday. Blackburn asked Jackson to define the word woman. Jackson declined to do so, saying that she is not a biologist. Cruz pushed Jackson further on the issue, asking if other "protected characteristics" could be changed. 

"I'm a Hispanic man. Could I decide I was an Asian man? Would I have the ability to be an Asian man and challenge Harvard's discrimination because I made that decision,?" Cruz asked Jackson. 

Jackson declined to answer the "hypothetical." She simply said she would "assess standing the way I assess other legal issues, which is to listen to the arguments made by the parties, consider the relevant precedents and constitutional principles involved, and make a determination."