Live updates: Senate hearing on Ketanji Brown Jackson’s nomination to Supreme Court

The Senate Judiciary Committee held the first of four days of hearings on Judge Ketanji Brown Jackson’s nomination to the U.S. Supreme Court on Monday. The questioning of Jackson by senators is scheduled to begin at 9 a.m. Tuesday.

HEARING CONCLUDES

After senators concluded their statements, two of Jackson’s colleagues in the legal community spoke about her hard work and fairness as they introduced the judge.

Former Judge Thomas Griffith, who was nominated by former President George W. Bush to the U.S. Court of Appeals for the District of Columbia Circuit, said that Jackson was impartial and fair, and that she was “an independent jurist who adjudicates based on the facts and the law and not as a partisan.”

“Her rule is simple: Follow the law,” Griffith told members of the Senate Judiciary Committee.

Both Griffith and Lisa Fairfax, Jackson’s college roommate at Harvard University who is a professor at the University of Pennsylvania Carey Law School, echoed the sentiment and mentioned the Supreme Court nominee’s commitment to her faith.

Fairfax, who said that she met her former roommate almost 35 years ago, said that Jackson was the rock of their friend group — “from the first call you make for advice about your career to the first knock you hear on the door after learning you’re diagnosed with cancer.” She lauded Jackson’s commitment to hard work and mentioned her “heart of gold.”

“She puts her head down and gets it done,” Fairfax said, “even, and perhaps especially when, no one is watching.”

Jackson in her opening statement thanked her friends and family for getting her to the humbling occasion.

She first talked about her faith, which Jackson brought up at her remarks at the White House when her nomination was announced, going on to thank her parents — who she said gave her an African name and encouraged her to follow her American dream — brother, husband and daughters among other members of her extended family. And she turned to other people who inspired her along the way.

“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. “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.”

She also thanked her role model, retiring Supreme Court Justice Stephen Breyer, saying that while it was an honor to replace him, she “could never fill his shoes.”

“But if confirmed, I would hope to carry on his spirit,” she said.

In closing, Jackson affirmed that she hopes to inspire future generations, defend the Constitution and “ensure liberty and justice for all.”

Judiciary Chairman Durbin ended the hearing at 3:38 p.m. EDT. Senators will return on Tuesday. They will each have 30 minutes to ask the nominee questions.

BUSY BIDEN

Even as much of Washington tuned in to Monday’s hearing, one notable figure in the nation’s capital did not have much of a chance to watch: President Joe Biden.

White House press secretary Jen Psaki told reporters that the man who nominated Jackson to serve on the Supreme Court hasn’t been able to catch any of the hearing.

“It’s hard to plan the president’s schedule around a moving Senate hearing,” Psaki said. “So I’m sure he’ll be able to watch replays of it.”

But the president has requested regular updates on the hearing, the press secretary added, and called Jackson Sunday night to wish her good luck.

White House officials have been consumed in recent weeks by Russia’s invasion of Ukraine. Biden himself is scheduled to travel to Europe later this week, to rally with allies and continue increasing the pressure on Russia to withdraw.

But Psaki and other White House officials insist that the focus on Ukraine hasn’t taken away from preparations for this week’s confirmation hearing, and the press secretary reiterated Monday that she thought Jackson’s nomination deserved bipartisan support.

REPUBLICAN CONCERNS

Republicans came back from an afternoon break on Monday with cultural issues and violent crime on their minds.

Linking the Supreme Court nomination to crime in the United States, Arkansas Sen. Tom Cotton said it was one area in which Jackson’s opinions would have a direct impact on the lives of the American people, if she is confirmed.

Cotton acknowledged that he did not vote for Jackson last year when the Senate considered her appointment to the D.C. Circuit Court.

“But I want to give her the opportunity to show why I should vote for her this time. So I want to be clear about what would convince me to support any Supreme Court nominee,” Cotton, a Harvard Law School grad like Jackson, said.

Cotton said he would not support a judge who seeks to rewrite the Constitution from the federal bench.

New Jersey Sen. Cory Booker, the only Black senator on the Judiciary Committee, quoted Martin Luther King Jr. in passionate remarks, tying the civil rights leader’s march in Alabama from Selma to Montgomery in 1965 to Jackson’s nomination now.

King began his journey on March 21 — the same day Jackson’s hearing began. In Montgomery, he declared, “The arc of the moral universe is long, but it bends toward justice.”

“Today, America is witnessing the literal bending of the arc and the conducting of one of the most sacred ideals of this country — justice for all,” Booker said. “I think more people at the end of these hearings, and after a Senate vote, more people will believe that we can be the nation we say we are when we put our hand on our heart.”

“Indeed, I think you and your family are giving a lot more people faith that we will achieve a nation of liberty and justice for all,” Booker told Jackson.

Sen. Thom Tillis, a Republican from North Carolina, said that Jackson comes to the process with a background of ethical values, honesty, integrity, respecting others and endeavoring to be fair, just and compassionate.

“You said it really is the pinnacle of your profession,” Tillis said. “And I guess in many respects, this is a realization of a dream of yours, but I also think that it’s probably putting within reach for many young boys and girls, young men and women the reality that they too could be here before the Senate being considered for confirmation to the highest court in the land.”

Tillis said he still has concerns that need to be addressed, and from there he said he will make a decision about his vote.

Tennessee Republican Sen. Marsha Blackburn was the last senator to deliver an opening statement on Monday.

Blackburn said she has questions for Jackson on her views on the participation of transgender athletes in sports and the rights of parents in determining school health and educational policies. She is the only Republican woman on the committee and said she also has questions about Jackson’s record on child pornography offenses.

The Republican senator indicated she intends to grill Jackson this week to determine whether she has a “hidden agenda” that could affect her judicial rulings and lead her to put “violent criminals, cop killers and child predators” back on the streets or attempt to expand the reach of government.

“These are answers that the American people need to know,” Blackburn said.

JACKSON’S BACKGROUND A FOCUS

Democrats are highlighting Jackson’s upbringing as the daughter of public school teachers and pointing out that she ascended within the legal community while raising two daughters with her husband, Patrick.

Jackson’s father later obtained his law degree and went on to represent the Miami-Dade County School Board as chief attorney.

Family members of the judge in attendance included her parents, who were seated in the front row.

Minnesota Sen. Amy Klobuchar, a Democrat, said the confirmation hearing comes at a moment when Americans are seeing that “democracy can never be taken for granted” as Ukrainian refugees whose cities are under attack by Russia stream into Poland.

“This moment bestows upon us a new opportunity to see one another again and to be part of our own democracy, to respect each others’ rights and views,” Klobuchar said. “Our country is so much bigger in what unites us than what divides us: that’s the pivotal moment we are in. That’s your moment.”

Republican Sen. Ted Cruz said in response to Klobuchar’s impassioned speech that Democrats “want the Supreme Court to be anti-democratic” and for judges to create policy from the bench.

Invoking the confirmation hearings of Justice Kavanaugh and allegations of impropriety lodged against him, Cruz joined fellow Republicans on the committee in promising Jackson’s hearing would not turn into a political circus.

“No one is going to inquire into your teenage dating habits. 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,” Cruz said.

As expected, Sen. Josh Hawley, R-Mo., used his time on Monday to bring up seven pornography cases that he had previously highlighted on Twitter in which Jackson handed down sentences below the federal sentencing guidelines.

Hawley’s focus on these cases drew sharp pushback from the White House last week.

Hawley said that he raised questions about her record before the hearing because he’s “not interested in trapping” the judge and suspects she has “a coherent view and explanation” for her actions that he looks forward to hearing.

WORK AS A PUBLIC DEFENDER

California Sen. Dianne Feinstein said Jackson would bring experiences to the court that are uncommon.

Jackson would be the first-ever federal public defender on the court, Feinstein said, and the first justice with significant experience defending low-income individuals and criminal cases since former Supreme Court Justice Thurgood Marshall.

Marshall was the first Black man to serve on the Supreme Court.

“I believe this is very significant and important, because as a former public defender, you understand the power of our constitutional rights, including the Sixth Amendment right to counsel and the Fifth Amendment right to due process,” Feinstein, a Democrat, said. “You also understand the effect of law and the law enforcement system on the most vulnerable.”

Jackson’s defense of Guantanamo Bay detainees, as a lawyer for the government and in private practice, came up repeatedly on Monday morning.

Republican Sen. John Cornyn of Texas said that he is a “bit troubled” by Jackson’s representation of terror suspects.

“I understand the importance of zealous advocacy, but it appears that sometimes this zealous advocacy has gone beyond the pale,” he said.

Republicans also launched an early line of attack in the Senate Judiciary Committee hearing based on Jackson’s support from well-financed progressive groups that are not legally required to disclose their donors.

Sen. Sheldon Whitehouse, D-R.I., responding to that criticism, said Jackson came to the committee “not through a dark money turnstile” but through a “fair and honest selection process.”

Whitehouse argued that Republican groups with secret donors helped push through former President Trump’s nominees.

“Ironic, when hundreds of millions of dollars in right-wing dark money built the current court majority and still signals its wishes through flotillas of dark-money front groups posing as amici curiae. I welcome the debate on these points,” Whitehouse said.

One progressive group that Republicans took aim at was Demand Justice, which has advocated for Biden to add additional seats to the Supreme Court in a stated effort to weaken the influence of Republican-appointed justices.

The process known as court packing is not supported by current and former justices of various ideologies, Republican Sen. Mike Lee of Utah said on Monday. Lee said an expansion would “delegitimize” the high court.

GRAHAM PREFERRED CHILDS

Republican Sen. Lindsey Graham, a former chair of the Judiciary panel, said he would have preferred the candidate from his home state, South Carolina Judge Michelle Childs.

Graham said it was Biden’s choice to make, but Childs — who had been publicly opposed by some progressives and union leaders — would have been confirmed with Republican support.

Graham said that he and South Carolina’s other Republican senator, Tim Scott, would have backed Childs, who also had the support of House Majority Whip Jim Clyburn, D-S.C.

“There’s been a wholesale effort of the left to take down a nominee from my state. And I don’t like it very much. And if that’s the way the game is going to be played, then I’ll have a response, and I don’t expect it to be — reward that way of playing the game,” Graham said.

In his opening statement, Graham also said he wants the court to look more like America, “so count me in on the idea of making the court more diverse.”

But he said there is a double standard when a Hispanic or African-American conservative is appointed. For them, it was about their judicial philosophy, he said. “Now, it’s going to be about the historic nature of the pick.”

He said any accusations of racism for opposing Jackson are “not going to fly” with Republicans.

Graham defended Sen. Hawley for being critical of Jackson and said his Republican colleague should proceed with his plans to press Jackson on her sentencing record in sex offense cases. “I hope you do, and we’ll see what she says,” Graham said.

Graham was one of several senators to compare Jackson’s hearings to those of Supreme Court Justice Brett Kavanaugh, who was nominated by former President Donald Trump and confirmed by the Senate in a narrow vote. Graham said that Republicans would not launch an eleventh-hour attack on Jackson as her hearings wrap up.

“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,” he said.

OPENING MINUTES

Senate Judiciary Committee Chair Dick Durbin, D-Ill., opened a packed hearing with well wishes for Supreme Court Justice Clarence Thomas, who is being treated for an infection in the hospital.

Durbin then noted that Jackson would be the first Black woman to serve on the high court, if she is confirmed.

“It’s not easy being first. Often you have to be the best, and in some ways, the bravest,” he said. But your presence here today, your willingness to brave this process will give inspiration to millions of Americans, who see themselves in you.”

The Democratic senator said that Jackson has a record of excellence, beginning with her teen years when she was a star of the Miami Palmetto Senior High School debate team.

Durbin also responded to accusations that Jackson is “soft on crime” coming from Republicans on the committee. He said the criticisms “fly in the face” of pledges to keep the proceedings civil.

Iowa Sen. Chuck Grassley, the top-ranking Republican on the panel, moments later committed to a respectful process.

“We won’t try to turn this into a spectacle based upon alleged process fouls,” he said. “Good news on that front: we’re off to a very good start.”

Grassley said that Republicans would ask “tough questions” of the nominee, including about her time on the U.S. Sentencing Commission.

FIRST DAY

The first day will mainly consist of opening statements from senators on the committee. Jackson will also deliver opening remarks.

Jackson is being introduced at the hearing by retired U.S. Court of Appeals for the District of Columbia Circuit Judge Thomas Griffith — a George W. Bush judicial appointee who supported Jackson’s prior nomination to the D.C. Circuit Court. And also by Lisa Fairfax, a law professor at the University of Pennsylvania and longtime friend.

Republican presidential hopefuls who sit on the Senate’s judiciary panel are expected to criticize Jackson’s sentencing record during the hearings, and they will have ample opportunity over the course of the week to raise their political profiles.

Missouri Sen. Josh Hawley has accused Jackson of being too lenient on sex offenders.

The White House disputes Hawley’s accusations, and a fact checker determined they were misleading. Hawley signaled in a tweet before the start of the hearing that he does not intend to back down from the criticism.

He shared an article with the headline: “Nothing Sen. Hawley said about Brown Jackson has been debunked.”

McClatchy Washington correspondents Alex Roarty, Bryan Lowry, Gillian Brassil and Danielle Battaglia contributed reporting.

This story was originally published March 21, 2022 at 7:43 AM.

Francesca Chambers

McClatchy DC

Francesca is Senior White House Correspondent for McClatchy. She is an Emmy award-winning reporter, known for her coverage of campaigns, elections and the White House.She has covered three presidencies, dating back to former President Barack Obama, and the White House bids of numerous Democrats and Republicans, including Hillary Clinton, Bernie Sanders and former President Donald Trump.Francesca is a member of the White House Correspondents’ Association board and a graduate of the William Allen White School of Journalism and Mass Communications at the University of Kansas.