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- Confirmation Bias - Workflow + (Tennessee Senator Marsha Blackburn said of … Tennessee Senator Marsha Blackburn said of nominee Judge Ketanji Brown Jackson that “You have made clear that you believe judges must consider critical race theory when deciding how to sentence criminal defendants.”</br></br>Blackburn was referring to a 2015 speech in which Jackson described how she encouraged students to study federal sentencing policy as an academic area implicating many topics.</br></br>“Sentencing is just plain interesting on an intellectual level, in part because it melds together myriad types of law — criminal law, of course, but also administrative law, constitutional law, critical race theory, negotiations, and to some extent, even contracts,” Jackson said in her speech. “And if that’s not enough to prove to them that sentencing is a subject ... worth studying, I point out that sentencing policy implicates and intersects with various other intellectual disciplines as well, including philosophy, psychology, history, statistics, economics, and politics.”</br></br>In other words, she indicates that critical race theory might be one of many potential factors in play in sentencing, not a mandatory consideration.sentencing, not a mandatory consideration.)
