History was made on Monday when confirmation hearings for Ketanji Brown Jackson, President Joe Biden’s pick to replace retiring Supreme Court Justice Stephen Breyer, began on Capitol Hill.
Jackson, the first Black woman nominated to serve on the nation’s highest court, listened to the 22 members of the Senate Judiciary Committee deliver opening statements before Jackson herself spoke.
"I stand on the shoulders of so many who have come before me, including Judge Constance Baker Motley, who was the first African American woman to be appointed to the federal bench and with whom I share a birthday," Jackson said in her opening remarks. "And like Judge Motley, I have dedicated my career to ensuring that the words engraved on the front of the Supreme Court building 'equal justice under law' are a reality and not just an idea."
Forty-five senators met with Jackson in the leadup to Monday’s hearing, and Jackson said the “careful attention to my nomination demonstrates your dedication to the crucial role that the Senate plays in this constitutional process.”
The hearing began with an opening statement from Senate Judiciary Committee Chairman Dick Durbin, who praised Jackson's record as a public defender and judge and addressed some Republican criticism about her views, given her broad support from left-leaning groups.
"There may be some who claim, without a shred of evidence, that you'll be a rubber stamp for this president. For these would-be critics, I have four words: Look at the record," Durbin said. "You have ruled for and against presidents and administrations of both parties. You've ruled for prosecutors and for defendants. You've ruled for workers and for their employers, and you've been faithful to the law, not to any person or political cause."
Iowa Sen. Chuck Grassley, the top Republican on the panel, is one of those would-be critics, speaking after Durbin to criticize left-wing support of Jackson and pointing to Democrats' handling of the Brett Kavanaugh nomination. But he promised a thorough and critical round of questions this week.
"In any Supreme Court nomination, the most important thing I look for is the nominee’s view of the law, judicial philosophy and view on the role of a judge," he said. "I’ll be looking to see whether Judge Jackson is committed to the Constitution as originally understood."
Republicans on Monday largely promised a tough but fair hearing process for the judge, many thanking her for meeting with them in the last weeks. They indicated they planned to ask her her stance on expanding the Supreme Court, her record on crime and, as Missouri Senator Josh Hawley clearly indicated, her specific record on sentencing child pornography offenders.
Democrats sought to preemptively rebut Republican criticism of her record on criminal matters as a judge and before that, as a federal public defender and a member of the U.S. Sentencing Commission.
“Judge Jackson is not anti-law enforcement. She’s not soft on crime,” Sen. Patrick Leahy, D-Vt., said, noting that members of Jackson’s family have worked in law enforcement.
Jackson was introduced Monday by Lisa Fairfax, a professor at the University of Pennsylvania's Carey Law School, and Judge Thomas Griffith, a former federal appeals judge for the D.C. Circuit appointed by former President George W. Bush.
Fairfax, who met Jackson as roommates at Harvard undergrad, said it is Jackson’s “faith in God and country, her intellectual brilliance, her goodness and grace, and work ethic that makes her perfectly suited for the serious task of serving on the Supreme Court.”
Jackson spent much of her own remarks thanking those who supported her professional journey, beginning with the many members of her family present at Monday’s hearing, including her husband Patrick and two daughters.
Jackson also thanked her many mentors, which ranged from her parents to high school teachers to Justice Breyer, for whom Jackson clerked during the 1999 Supreme Court term.
“Justice Breyer, in particular, not only gave me the greatest job that any young lawyer could ever hope to have, but he also exemplifies what it means to be a Supreme Court justice of the highest level of skill and integrity, civility and grace,” Jackson said. “It is extremely humbling to be considered for Justice Breyer’s seat, and I know that I could never fill his shoes. But if confirmed, I would hope to carry on his spirit.”
Jackson also pledged to “work productively to support and defend the Constitution and this grand experiment of American democracy that has endured over these past 246 years,” should she be confirmed as a Supreme Court justice.
“I have been a judge for nearly a decade now and I take that responsibility and my duty to be independent very seriously,” she added. “I decide cases from a neutral posture. I evaluate the facts and I interpret and apply the law to the facts of the case before me without fear or favor, consistent with my judicial oath.”
Jackson went on to discuss her guiding principles of transparency and fairness, saying her life’s work has been to uphold the rights awarded to each American in the Constitution.
“I have dedicated my career to ensuring that the words engraved on the front of the Supreme Court, building equal justice under law, are a reality and not just an ideal,” she said. “Thank you for this historic chance to join the highest court to work with brilliant colleagues to inspire future generations and to ensure liberty and justice for all.
Monday's hearing concluded following Jackson's remarks.
Tuesday and Wednesday’s sessions will consist of lawmakers questioning Jackson. On Thursday, outside witnesses and the American Bar Association — which on Friday said Jackson was “well qualified,” its highest rating — will deliver testimony.
Jackson is no stranger to this process — she appeared before the Senate Judiciary Committee last year after President Biden nominated her to replace Judge Merrick Garland as a United States circuit judge for the U.S. Court of Appeals for the D.C. Circuit.
She received a 13-9 vote in the Senate Judiciary Committee before the Senate confirmed her in a 53–44 vote, with three Republicans supporting her — Sens. Lindsey Graham, R-S.C., Susan Collins, R-Maine and Lisa Murkowski, R-Alaska.
This time around, no Republican senator has publicly said they will support Jackson, though Democrats are not likely to need any GOP votes, thanks to the 2017 rules change led by then-Majority Leader Mitch McConnell, R-Ky., which allowed Supreme Court nominees to be confirmed with a simple majority vote rather than the 60 votes required to overcome the legislative filibuster.
Should all 50 Senate Democrats support her nomination, even if all 50 Senate Republicans oppose, Jackson will still be confirmed as the first Black woman to serve on the Supreme Court.
But Democrats and the White House are hoping that Biden’s first — and possibly only — Supreme Court pick receives bipartisan support.
“I want to make this a bipartisan vote,” Chair Durbin said after Breyer announced his retirement. “I think it is not only good for the Supreme Court, it’s good for the Senate.”
In the last few weeks, Jackson has been pressing the flesh around Capitol Hill, meeting with 45 lawmakers — including all 22 members of the Judiciary panel — led by former Alabama Sen. Doug Jones, who has served as her “sherpa” through the process.
Prior to Jackson’s nomination, Graham, who is on the Judiciary Committee, made his preference clear that he wanted the president to pick Judge J. Michelle Childs to serve on the high court, and even went on to say that Jackson’s nomination was a victory for the “radical Left” in a Twitter post.
Graham on Monday spent time calling Democrats hypocritical for not supporting diverse candidates nominated by Republicans for other roles, and he complained that Jackson was nominated instead of Childs, who he said would have gotten sure bipartisan support.
"Judge Childs would have gotten 60+ votes," he said, saying Democrats have played a "game" to keep her from being nominated. "Now we're facing a choice sponsored by the most radical elements of the Democratic party."
And he looked back at how Democrats handled the nomination of Justice Brett Kavanaugh, when sexual assault accusations came out just before his confirmation hearings. Graham promised something similar would not happen for Jackson but said it would be an "interesting" week of questioning.
"I'm hoping that we can have a hearing that is respectful, is informative, is challenging," he said, adding: "The one thing I can promise you: You will not be vilified. You will not be attacked for your religious views. You will not be accused of something that you could not defend yourself against until it was too late."
Collins, describing their meeting as “lengthy and very productive,” suggested that she held a favorable opinion of Jackson: “Obviously, I don't agree with her on every decision she has rendered ... What I did get from her is that she takes a very thorough, careful approach in applying the law to the facts of the case, and that is what I want to see in a judge.”
A number of Republicans offered praise for Jackson after their meetings, even if she doesn’t get their votes: North Carolina Sen. Thom Tillis called her “wise;" Texas Sen. John Cornyn called her “charming” and hailed her background as a public defender.
Even McConnell offered praise for their meeting, saying on the Senate floor earlier this month that Jackson is "clearly a sharp lawyer with an impressive resume," though on Sunday he said he hasn’t decided how he’ll vote.
“We had a very good conversation in my office and I asked her, you know, typically the Supreme Court nominees of both parties have never answered the questions,” he told CBS’ “Face the Nation” on Sunday. “What they typically say is that something might come before me and I don't want to prejudge how I might actually vote.”
McConnell noted that Jackson wouldn’t answer a question about her stance on court-packing, and added: “The committee will ask her all the tough questions. I haven't made a final decision as to how I'm going to vote.”
But he did preview the strategy Republicans began to use to criticize Democrats during the process: “By the way, she'll be treated much better than Democrats have typically treated Republican nominees,” referencing the contentious confirmation process for Justice Brett Kavanaugh.
On Monday, Texas Sen. Ted Cruz added: "No one is going to ask you with mock severity 'Do you like beer?' But that's not to say this hearing should be non-substantive and non-vigorous."
One contentious line of questioning is likely to come from Sen. Josh Hawley, a 2024 Republican presidential hopeful who has not supported a single Biden judicial nominee.
In a Twitter thread last week, Hawley wrote that he had “noticed an alarming pattern when it comes to Judge Jackson’s treatment of sex offenders, especially those preying on children,” accusing her of having a “pattern of letting child porn offenders off the hook for their appalling crimes, both as a judge and as a policymaker.”
On Monday, Hawley laid out seven specific cases he planned to press Jackson on, delineating the suggested federal sentencing from the one Jackson handed down.
The Washington Post has branded it as a false claim worthy of “Three Pinocchios,” which they describe as a claim containing “significant factual error and/or obvious contradictions.”
The White House also slammed Hawley’s claims as “toxic and weakly-presented misinformation that relies on taking cherry-picked elements of her record out of context.”
Hawley on Monday preemptively defended against counterarguments to his claims: "I think it's difficult against this backdrop to argue that the sentencing guidelines are too harsh or outmoded or that we should be somehow treating child porn offenders more leniently than the guidelines recommend."
"[Judge Jackson] hasn't had the chance yet to respond to this and she deserves that chance," he added.
On ABC's “This Week,” Sen. Durbin said that Hawley is “inaccurate and unfair in his analysis.”
“Judge Jackson has been scrutinized more than any person I can think of,” he said. “This is her fourth time before the Senate Judiciary Committee. In three previous times, she came through with flying colors and bipartisan support, the last time just last year.”
"He’s part of the fringe within the Republican party,” Durbin concluded. This was a man who was fist-bumping the murderous mob that descended on the Capitol on Jan. 6 of last year. He doesn’t have the credibility he thinks he does.”
Despite wanting to keep the process free from contention, such a feat might not be possible in this current Congress — though with the balance of power on the high court not in question, Republicans may keep their attacks focused on Democrats ahead of the November midterm elections rather than Jackson herself.
Democrats are hoping to move as fast as possible on Jackson’s nomination, with the goal of having her confirmed before the Senate’s two-week Easter recess, which begins on April 8.