During the second-day confirmation hearing Tuesday, two Texas senators grilled Supreme Court nominee Judge Ketanji Brown Jackson. Republicans John Cornyn and Ted Cruz questioned Jackson about critical race theory, whether she was an activist judge, and sentences she issued in child pornography cases.

However, it appears that Sen. John Cornyn gets Jackson somewhat irked after a series of questions that resulted in her admitting the right of same-sex couples to marry is not listed in the Constitution.

Cornyn said during Jackson’s confirmation hearing before the Senate Judiciary Committee, referring to the 2015 Obergefell v. Hodges decision:

“The Supreme Court articulated a new, fundamental right, which is the right to same-sex marriage.”

Watch it here: PBS NewsHour/Youtube

Jackson then sought to punt on discussing the issue, saying matters related to same-sex marriage may come up before the Supreme Court.

Cornyn then asked:

“Isn’t it apparent that when the Supreme Court decides that something that is not even in the Constitution is a fundamental right … doesn’t that necessarily create a conflict between what people may believe as a matter of religious doctrine or faith and what the federal government says is the law of the land?” 

Cornyn asked:

“You agree marriage is not mentioned in the Constitution, is it?” 

Jackson conceded:

“It is not mentioned directly, no.” 

The senator queried:

“And religious freedom is mentioned in the First Amendment, explicitly, correct?” 

Jackson responded:

“It is.” 

Cornyn asked:

“Do you share my concern that when the court takes on the role of identifying an unenumerated right, in other words, it’s not mentioned in the Constitution … declaring that anything that conflicts with the right is unconstitutional, that it creates a circumstance where those who may hold traditional beliefs, like something as important as marriage, that they will be vilified as unwilling to assent to this new orthodoxy.” 

Jackson again tried to punt saying,

“I’m not in a position to comment,” given related issues may come before the court.

On other topics, Cornyn accused Jackson of calling former President George W. Bush and Defense Secretary Donald Rumsfeld “war criminals” in a case related to terrorism defendants; she said she did not recall such language.

In an earlier exchange about her defense of people accused of terrorism, Sen. Lindsey Graham of South Carolina stormed out of the hearing, obviously unsatisfied with Jackson’s answers.

Read more of this report from Western Journal.

Source: WesternJournal

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