Senate democrats defend historic US Supreme Court pick Jackson
Confirmation hearing chair dismisses attacks by some conservatives on first black woman nominated to join the US’s top judicial body as baseless and unfair
21 March 2022 - 13:56
byGreg Stohr and Laura Litvan
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Judge Ketanji Brown Jackson made history at the first black woman nominated to sit on the US Supreme Court bench. Picture: BLOOMBERG
Washington — Senate judiciary committee Democrats on Monday defended President Joe Biden’s US Supreme Court nominee Ketanji Brown Jackson from Republican criticism as the panel opened her confirmation hearing to become the first black woman to join the nation’s top judicial body.
Biden nominated Jackson, 51, in February for a lifetime job on the top US judicial body to succeed retiring liberal judge Stephen Breyer, setting up a confirmation battle in the closely divided Senate.
If confirmed, she would be the 116th judge to serve on the high court.
“Not a single justice has been a black woman. You, Judge Jackson, can be the first,” Senator Dick Durbin, the Democratic chair of the committee, said in his opening statement.
“It’s not easy being the first. You have to be the best and in some ways the brightest. Your presence here today and your willingness to brave this process will give inspiration to millions of women who see themselves in you,” Durbin added.
Durbin defended Jackson, saying attacks on her by some conservatives as “soft on crime” are baseless and unfair and her judicial record showed that she would not be a “rubber stamp” for Biden. Durbin said some of her critics were “bordering on demagoguery”. He noted that law enforcement organisations including the Fraternal Order of Police have endorsed Jackson’s nomination.
Jackson entered the packed hearing room before the session began and was greeted by some of the committee members and well-wishers as she took her place alone at the witness table.
“We will conduct a thorough, exhaustive examination of judge Jackson’s record and views,” said the committee’s top Republican, Senator Chuck Grassley. They “won’t try to turn this into a spectacle” and will treat Jackson with respect but will “ask tough questions about judge Jackson’s judicial philosophy”.
Grassley signalled that Republicans would probe Jackson’s two-year stint earlier in her career as a lawyer defending low-income criminal defendants, saying it is fair game to probe “criminal defence lawyers who disagree with our criminal laws and want to undermine laws that they have policy disagreements with”.
Jackson was set to make an opening statement on the first day of her confirmation hearing, with the committee’s 22 members due to question her on Tuesday and Wednesday. Biden’s fellow Democrats narrowly control the Senate, which has the authority under the US constitution to confirm a president’s judicial appointments.
The Senate previously has confirmed Jackson to three federal posts, most recently in 2021, when Biden nominated her to the US Court of Appeals for the District of Columbia Circuit after eight years as a federal district judge in Washington.
Her confirmation would not change the ideological balance of the Supreme Court, which has a 6-3 conservative majority, including three justices appointed by Biden’s Republican predecessor Donald Trump. But it would let Biden freshen the court’s liberal bloc with a justice young enough to serve for decades. Breyer, 83, is the court’s oldest member.
Jackson was raised in Miami and attended Harvard Law School, later serving as a Supreme Court clerk for Breyer and representing criminal defendants who could not afford a lawyer.
Her nomination fulfilled Biden’s 2020 campaign promise to name a black woman to the court, a milestone he called long overdue. If confirmed, she would be the third black judge, following Clarence Thomas, appointed in 1991 and still serving, and Thurgood Marshall, who retired in 1991 and died in 1993.
“With your presence here today, you are writing a new page in the American history book,” Democratic Senator Patrick Leahy said.
The Supreme Court said on Sunday that Thomas was hospitalised in Washington on Friday with an infection. It said he was being treated with intravenous antibiotics and was expected to be released in a day or two.
Jackson also would become the sixth woman to serve on the Supreme Court, which currently has three female judges — Amy Coney Barrett, Elena Kagan and Sonia Sotomayor.
She is likely to face sharp questioning from Republicans including Josh Hawley and Ted Cruz on representing criminal defendants.
Some senators could question her on race issues, including whether she should participate in an upcoming case challenging Harvard University’s affirmative action admissions policy used to increase the number of black and Hispanic students on campus. Jackson serves on the university’s Board of Overseers and has faced calls to recuse herself from the case.
The Senate is divided 50-50 between the two parties, with Biden’s fellow Democrats controlling it because vice-president Kamala Harris can cast a tie-breaking vote.
A simple majority vote would be needed for Jackson’s confirmation, meaning she would get the job if all Democrats are united behind the nomination regardless of what Republicans do.
The confirmation hearing ends on Thursday with witnesses testifying about Jackson’s suitability for the job. The judiciary committee would then vote on the nomination in the coming weeks, followed by a final confirmation vote on the Senate floor. Breyer has said he would remain on the court until its term ends, typically in late June.
Update: March 21 2022 This story has been updated with information from the hearing.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Senate democrats defend historic US Supreme Court pick Jackson
Confirmation hearing chair dismisses attacks by some conservatives on first black woman nominated to join the US’s top judicial body as baseless and unfair
Washington — Senate judiciary committee Democrats on Monday defended President Joe Biden’s US Supreme Court nominee Ketanji Brown Jackson from Republican criticism as the panel opened her confirmation hearing to become the first black woman to join the nation’s top judicial body.
Biden nominated Jackson, 51, in February for a lifetime job on the top US judicial body to succeed retiring liberal judge Stephen Breyer, setting up a confirmation battle in the closely divided Senate.
If confirmed, she would be the 116th judge to serve on the high court.
“Not a single justice has been a black woman. You, Judge Jackson, can be the first,” Senator Dick Durbin, the Democratic chair of the committee, said in his opening statement.
“It’s not easy being the first. You have to be the best and in some ways the brightest. Your presence here today and your willingness to brave this process will give inspiration to millions of women who see themselves in you,” Durbin added.
Durbin defended Jackson, saying attacks on her by some conservatives as “soft on crime” are baseless and unfair and her judicial record showed that she would not be a “rubber stamp” for Biden. Durbin said some of her critics were “bordering on demagoguery”. He noted that law enforcement organisations including the Fraternal Order of Police have endorsed Jackson’s nomination.
Jackson entered the packed hearing room before the session began and was greeted by some of the committee members and well-wishers as she took her place alone at the witness table.
“We will conduct a thorough, exhaustive examination of judge Jackson’s record and views,” said the committee’s top Republican, Senator Chuck Grassley. They “won’t try to turn this into a spectacle” and will treat Jackson with respect but will “ask tough questions about judge Jackson’s judicial philosophy”.
Grassley signalled that Republicans would probe Jackson’s two-year stint earlier in her career as a lawyer defending low-income criminal defendants, saying it is fair game to probe “criminal defence lawyers who disagree with our criminal laws and want to undermine laws that they have policy disagreements with”.
Jackson was set to make an opening statement on the first day of her confirmation hearing, with the committee’s 22 members due to question her on Tuesday and Wednesday. Biden’s fellow Democrats narrowly control the Senate, which has the authority under the US constitution to confirm a president’s judicial appointments.
The Senate previously has confirmed Jackson to three federal posts, most recently in 2021, when Biden nominated her to the US Court of Appeals for the District of Columbia Circuit after eight years as a federal district judge in Washington.
Her confirmation would not change the ideological balance of the Supreme Court, which has a 6-3 conservative majority, including three justices appointed by Biden’s Republican predecessor Donald Trump. But it would let Biden freshen the court’s liberal bloc with a justice young enough to serve for decades. Breyer, 83, is the court’s oldest member.
Jackson was raised in Miami and attended Harvard Law School, later serving as a Supreme Court clerk for Breyer and representing criminal defendants who could not afford a lawyer.
Her nomination fulfilled Biden’s 2020 campaign promise to name a black woman to the court, a milestone he called long overdue. If confirmed, she would be the third black judge, following Clarence Thomas, appointed in 1991 and still serving, and Thurgood Marshall, who retired in 1991 and died in 1993.
“With your presence here today, you are writing a new page in the American history book,” Democratic Senator Patrick Leahy said.
The Supreme Court said on Sunday that Thomas was hospitalised in Washington on Friday with an infection. It said he was being treated with intravenous antibiotics and was expected to be released in a day or two.
Jackson also would become the sixth woman to serve on the Supreme Court, which currently has three female judges — Amy Coney Barrett, Elena Kagan and Sonia Sotomayor.
She is likely to face sharp questioning from Republicans including Josh Hawley and Ted Cruz on representing criminal defendants.
Some senators could question her on race issues, including whether she should participate in an upcoming case challenging Harvard University’s affirmative action admissions policy used to increase the number of black and Hispanic students on campus. Jackson serves on the university’s Board of Overseers and has faced calls to recuse herself from the case.
The Senate is divided 50-50 between the two parties, with Biden’s fellow Democrats controlling it because vice-president Kamala Harris can cast a tie-breaking vote.
A simple majority vote would be needed for Jackson’s confirmation, meaning she would get the job if all Democrats are united behind the nomination regardless of what Republicans do.
The confirmation hearing ends on Thursday with witnesses testifying about Jackson’s suitability for the job. The judiciary committee would then vote on the nomination in the coming weeks, followed by a final confirmation vote on the Senate floor. Breyer has said he would remain on the court until its term ends, typically in late June.
Update: March 21 2022
This story has been updated with information from the hearing.
Reuters
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