Topline
Republican senators on the Senate Judiciary Committee suggested Monday they won’t back Judge Ketanji Brown Jackson’s Supreme Court confirmation—and insisted they aren’t racist or anti-woman by opposing the court’s first Black woman nominee—though most senators used their opening statements to primarily go after Democrats rather than the judge herself.
Key Facts
Committee Ranking Member Sen. Chuck Grassley (R-Iowa) and Sens. Lindsey Graham (R-S.C.) and Ted Cruz (R-Texas) emphasized that Democrats had previously voted against Republican judges who are people of color without being characterized as racist, with Graham saying senators should not be called “racist if we ask hard questions.”
Republican senators emphasized Jackson’s hearing would be “respectful” and not a “spectacle,” criticizing Democrats for their outspoken objection to Kavanaugh’s 2018 confirmation after he was accused of sexual assault, with Sen. Mike Lee (R-Utah) warning against “spurious attacks” that could “undermine” the court’s legitimacy.
Lee and Sen. John Cornyn (R-Texas) also used their opening statements to complain about the practice of so-called court packing, with Lee emphasizing “nine is the number [of justices] that works.”
While senators were largely focused on going after Democrats, some expressed “concerns” about her background and judicial views, with Cornyn saying he was “troubled” that Jackson had “not yet provided much clarity” on her judicial philosophy, and that she has defended people convicted of terrorism—a background legal experts have defended.
Sens. Josh Hawley (R-Mo.) and Marsha Blackburn (R-Tenn.) criticized Jackson for being too lenient about sentences for child-pornography offenders as a district court judge, which Hawley had previously raised on Twitter and has been strongly opposed by legal experts and even conservative commentators, including experts in federal sentencing specifically.
No Republicans explicitly stated they would vote in favor of or against Jackson’s confirmation, but only Graham has voted for her in the past when she was confirmed to the D.C. Circuit Court, and many senators suggested she does not have the judicial views they want from a justice, even as they often praised Jackson’s character and experience.
Chief Critics
Democrats highlighted the historic nature of Jackson’s nomination in their opening statements Monday, pointing out that Jackson would not only be the first Black woman appointed to the court, but also the first former public defender. “This day is a giant leap into the present, for the country and for the court,” Sen. Richard Blumenthal (D-Conn.) said, for instance, while Sen. Cory Booker (D-N.J.) said Jackson’s nomination “opens up a more promising, potential-filled future for us all as Americans.” They also hit back at Hawley and other Republicans’ attacks on Jackson, with Blumenthal saying they are “unfounded in fact and indeed irresponsible.”
Tangent
In her own opening statement to the court, Jackson spoke of herself as a fair judge who “decide[s] cases from a neutral posture” and “without fear or favor, consistent with my judicial oath.” “I know that my role as a judge is a limited one, that the Constitution empowers me only to decide cases and controversies that are properly presented and I know that my judicial role is further constrained by careful adherence to precedent,” Jackson said, after Republican senators railed against “activist judges” who “make policy” during the hearing.
Key Background
Jackson is a current federal appeals court judge who has also served as a district court judge, on the U.S. Sentencing Commission and as a public defender. She is being considered to replace Justice Stephen Breyer when he retires at the end of this term. Jackson’s confirmation has been expected to be relatively uncontroversial, as she won’t change the court’s ideological makeup and Republican leadership reportedly wanted to avoid the poor optics of blocking the court’s first Black female justice. Republican opposition ramped up ahead of the confirmation hearings, however, with Senate Minority Leader Mitch McConnell (R-Ky.) claiming on the Senate floor she had “a special empathy for criminals” and Hawley’s accusations regarding child-pornography offenders. Democrats and legal experts have noted the sentencing guidelines for child pornography offenders are generally regarded as being too severe, and Jackson’s sentences were in line with prosecutors’ recommendations and sentences imposed in similar cases by conservative justices who Hawley’s supported.
What To Watch For
Jackson’s Senate confirmation hearing will continue through Thursday, with senators questioning the judge on Tuesday and Wednesday before outside witnesses testify to her qualifications on Thursday. Following the hearings, Jackson’s confirmation will then be voted on by the full Senate, where she’ll need only a simple majority of votes to pass. Despite the GOP opposition to her on display Monday, she’s expected to be confirmed, as Jackson can be confirmed even if only the Senate’s 50 Democrats vote for her (with Vice President Kamala Harris as tiebreaker).
Further Reading
Biden Names Ketanji Brown Jackson To Supreme Court. Here’s What We Know About Her. (Forbes)
Republicans Have Already Started Attacking Biden’s Supreme Court Nominee Ketanji Brown Jackson (Forbes)
GOP indicates plans to question KBJ on handling of sex-related offenses (Politico)
On Eve of Confirmation Hearings, G.O.P. Steps Up Attacks on Jackson (New York Times)
