Judge Ketanji Brown Jackson will potentially be confirmed to the Supreme Court before Justice Stephen Breyer is officially retired, but she will not be seated as a 10th justice, because "the law is clear" on just nine justices, according to Sen. Marsha Blackburn, R-Tenn., on Newsmax.
"If, for some reason, they tried to say this is the 10th justice, then that would immediately go to the court, and you would not be able to seat, because our laws are clear: You have nine justices, and that is it," Blackburn, a member of the Senate Judiciary Committee, told Monday's "Spicer & Co."
Blackburn admitted Jackson's confirmation hearing, slated to begin in the Senate Judiciary next Monday, is coming while Breyer remains active on the court, but the seat will only be official once Breyer's retirement is official.
Democrats have talked about court packing to overcome the 6-3 Republican majority on the Supreme Court, but Blackburn denounced the politicization of the judicial branch.
"It is so important to Tennessee – and Sean, I think to all Americans – to have jurists, to have justices that are constitutionalists, that believe in the constitution, that believe in the rule of law, that believe you start with that text of the constitution, and then you go to the law," Blackburn told co-hosts Sean Spicer and Lyndsay Keith. "Because we want to have individuals that are there to interpret – who are not there to be activist judges and repeatedly over and over."
While past Republican justice confirmation hearings have become "political theater" in recent years, Blackburn vows a different approach from the Senate GOP minority – unlike how the Democrats attacked former President Donald Trump's Supreme Court nominees.
"Just as we did with Amy Coney Barrett, and just as we did with Brett Kavanaugh, you are going to see Republicans be respectful," Blackburn vowed. "We're respectful of the district and appellate judges that come before us. We're respectful of all of these individuals."
Respectful does not mean a rubber-stamp, though, Blackburn concluded.
"But, Sean, it is our job to probe these issues and get answers on cases on writings on speeches on decisions because the responsibility – this is a lifetime appointment," she said.
"And we will be respectful of her, and she will receive a very thorough vetting."
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