Jackson, in historic hearing, vows to decide cases from neutral posture

WASHINGTON — Appellate court Judge Ketanji Brown Jackson opened her historic Senate confirmation hearing Monday by pledging to rule from a neutral posture and uphold the Constitution.

Jackson, 51, said she was humbled and honored in comments before the Senate Judiciary Committee. If confirmed, she would be the first Black woman to sit on the Supreme Court bench.

She emphasized her experience as a federal judge and her independence.

“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,” she said as the first of four days of hearings began. “I have been a judge for nearly a decade now, and I take that responsibility and my duty to be independent very seriously. I decide cases from a neutral posture.”

Fireworks are expected when Republicans begin questioning Jackson. The GOP has suggested she is soft on crime in part because of her past service as a federal public defender.

Democrats, though, defended Jackson from the characterizations. They hailed the diversity of her nomination by President Joe Biden and her expected confirmation.

“Today is a proud day for America,” said Sen. Dick Durbin, D-Ill., chairman of the Judiciary Committee. Biden called Jackson on Sunday evening to wish her good luck, said White House spokeswoman Jen Psaki.

Tough but fair

Republicans said they would ask tough questions about Jackson’s legal rulings, judicial philosophy and views on the constitutional authority of federal judges and the courts.

GOP lawmakers vowed to keep the hearings civil. But they are still smarting from the attacks that came during the 2018 confirmation hearing for Justice Brett Kavanaugh, when Democrats brought up allegations of attempted sexual assault dating to Kavanaugh’s high school days. Despite the accusations and partisan tumult in those proceedings, Kavanaugh was confirmed on a vote of 50-48. Republicans repeatedly referred to those chaotic hearings on Monday.

“We won’t try to turn this into a spectacle,” said Sen. Charles Grassley, R-Iowa, the ranking Republican on the committee.

Still, questions of sentencing leniency in child pornography cases were immediately raised by Sen. Josh Hawley, R-Mo. He cited seven instances where she issued less prison time for defendants than suggested in federal sentencing guidelines.

“I’m interested in her answers,” Hawley said.

It brought a curt retort from the Democratic chairman. “Certainly, the judge needs to be heard on that type of charge,” Durbin said.

Jackson was stoic as senators spoke. She made eye contact with each lawmaker as they criticized Biden administration policies on immigration, gun control and critical race theory. She smiled as Democrats offered effusive praise.

Family support

In her opening statement, she recognized her parents, her husband, Dr. Patrick Jackson, who wiped tears from his eyes, and her daughters, Talia and Leila.

“Girls, I know it has not been easy as I have tried to navigate the challenges of juggling my career and motherhood. And I fully admit that I did not always get the balance right,” Jackson said.

Born in the District of Columbia, Jackson said her birth name was a tribute to her African heritage that means “lovely one.”

She was raised in Miami, where her father attended law school. She excelled in high school, which led to undergraduate and law degrees from Harvard.

She went on to clerk for Justice Stephen Breyer, the man whom she may replace if confirmed.

“I know I could never fill his shoes,” Jackson said, but if confirmed, she vowed to carry on his spirit.

Her confirmation would not alter the ideological makeup of the court. Breyer has historically voted with the liberal wing of the conservative-dominated 6-3 court under Chief Justice John Roberts.

Democrats and Republicans have stipulated that Jackson is highly qualified to serve on the Supreme Court.

Before the hearing began, a group of women rallied on the Supreme Court steps, chanting and raising placards with slogans of “Empower Women” and “Liberty and Justice for All.”

With Democrats controlling the evenly divided Senate with Vice President Kamala Harris holding the tiebreaking vote, Jackson’s confirmation is widely expected.

Diverse pick

Jackson would become the third African American justice, following Thurgood Marshall and Clarence Thomas. She would be the fifth woman to be elevated to the Supreme Court. And Jackson would serve with three other women, Sonia Sotomayor, Elena Kagen and Amy Coney Barrett, another historic first.

Democrats praised the diversity of the nomination.

“I’ve always said that government should reflect the diversity of people of the United States, and Judge Jackson’s nomination to the Supreme Court is historic and important,” said Sen. Catherine Cortez Masto, D-Nev., the first Latina to serve in the Senate.

Cortez Masto, along with Sen. Jacky Rosen, D-Nev., praised Jackson’s selection. Both are reviewing her rulings and legal decisions.

Senate Majority Leader Chuck Schumer, D-N.Y., said the Senate would vote on confirmation before the Easter recess in mid-April.

Fourth confirmation hearing

Jackson has been confirmed by the Senate three times before.

“It’s not your first rodeo,” said Sen. John Cornyn, R-Texas, who complained he has not received more of Jackson’s legal documents.

Jackson got bipartisan support for a seat on the U.S. Sentencing Commission, to be a District Court judge in Washington, D.C., and for her nomination last year to serve on the D.C. Circuit Court of Appeals.

“Today will be the fourth time that I have had the honor of appearing before this Committee to be considered for confirmation,” she reminded the senators.

Sen. Lindsey Graham, R-S.C., who previously voted to confirm Jackson, said the upcoming vote for Supreme Court confirmation was a different “game.” And he addressed the racial politics that undergird the hearings, saying it would not stop senators from asking tough questions.

“We’re all racist if we ask hard questions — it’s not gonna fly with us,” he said. “We’re used to it by now, at least I am. So it’s not gonna matter a bit.”

Graham said he was troubled that another potential nominee under consideration, Judge Michelle Childs of South Carolina, was attacked by organized labor and progressive groups over previous rulings. He said Childs is considered to be liberal leaning, but he supported her because of her legal record.

He said attacks on Childs were “pretty vicious,” and accused radical “dark money” groups of funding efforts to take down a potential nominee who he said could have received 60-plus votes in the Senate.

But that brought a swift response from Sen. Sheldon Whitehouse, D-R.I.

He said it was ironic that Republicans would complain of “dark money” campaigns following the confirmation of the past three Supreme Court justices, who were vetted by the conservative Federalist Society.

The current makeup of the conservative Supreme Court is the product of “dark money,” Whitehouse said. Jackson was selected on merit. “She wasn’t groomed in partisan petri dishes,” he said.

As Democrats defended the nominee, Republicans vowed to delve into her judicial past to determine her philosophy, and her past rulings as a judge after serving as a federal public defender. Her clients included those held at Guantanamo Bay Naval Base in Cuba following the Sept 11, 2001 attacks.

Her advocacy on the part of defendants appears to have “bled over into your decision-making process as a judge,” Cornyn claimed.

Durbin said her record will dispel GOP claims that Jackson is soft on crime. He called that characterization Republican demagoguery.

“These are baseless claims and unfair,” Durbin said. He noted that Jackson has been endorsed by various law enforcement associations and states’ attorneys general.

Those endorsements include Aaron Ford, Nevada’s attorney general.

Contact Gary Martin at gmartin@reviewjournal.com. Follow @garymartindc on Twitter.