Day one of Supreme Court hearings for Ketanji Brown Jackson | CNN Politics

Ketanji Brown Jackson’s confirmation hearing: Day 1

Judge Ketanji Brown Jackson is sworn in prior to testifying during a Senate Judiciary Committee confirmation  hearing on her nomination to become an Associate Justice of the US Supreme Court on Capitol Hill in Washington, DC, March 21, 2022. - The US Senate takes up the historic nomination on Monday of Judge Ketanji Brown Jackson to become the first Black woman to sit on the Supreme Court. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)
See Supreme Court nominee Ketanji Brown Jackson's opening statement
03:12 - Source: CNN

What we covered here

  • The Senate Judiciary Committee held the first day of confirmation hearings for President Biden’s Supreme Court nominee Judge Ketanji Brown Jackson.
  • The judge, who currently sits on DC’s federal appellate court, vowed to defend the Constitution and remain independent. If confirmed, Jackson would become the first Black woman to serve on the nation’s highest court and fill Justice Stephen Breyer’s upcoming vacancy.
  • Senators also made opening statements today, with Democrats praising Jackson’s career and groundbreaking nomination and GOP senators saying they’d vet her record on crime as they previewed the tough questions they’re likely to ask.
  • Jackson will answer questions from lawmakers Tuesday and Wednesday, and witnesses will testify Thursday. Democrats hope to confirm Jackson by early April.

Our live coverage has ended. See how today’s hearing unfolded in the posts below.

36 Posts

Key moments from the first day of Jackson's confirmation hearings — and what to expect tomorrow 

Supreme Court nominee Judge Ketanji Brown Jackson is sworn in during her confirmation hearing on Capitol Hill on Monday.

The Senate Judiciary Committee kicked off confirmation hearings for Supreme Court nominee Ketanji Brown Jackson today.

During her opening statement, Jackson thanked God and her family for their support, and assured senators that she takes her “duty to be independent very seriously.”

Senators on the committee also delivered opening statements, providing a preview of what to expect over the next couple of days as Jackson faces questions from lawmakers.

Democrats celebrated the historic nature of Jackson’s nomination and praised her unique experience and legal record.

Senate Judiciary Committee Chair Dick Durbin’s opening statement emphasized the groundbreaking nature of Jackson’s nomination to the highest court.

Minnesota Sen. Amy Klobuchar highlighted the important role justices play on rulings that impact every day people.

“Like Americans who are one Supreme Court decision away from losing their health insurance, or one court decision away from the ability to make their own health care choices, or the Dreamers who could lose the only country they’ve ever known,” Klobuchar said, alluding to the previous Supreme Court cases that dealt with the Affordable Care Act and immigration policy.

Jackson’s public defender experience, according to Connecticut Sen. Richard Blumenthal, helps her “understand our justice system uniquely, through the eyes of people who couldn’t afford a lawyer.”

New Jersey Sen. Cory Booker’s opening statement was a particularly poignant reflection of the unprecedented moment. The committee’s sole Black member described the hearing as “not a normal day for America. We have never had this moment before.”

Republicans, meanwhile, used their opening statements to focus on past contentious Supreme Court confirmation hearings, namely Justice Brett Kavanaugh’s process.

The very beginning of the opening statement from Iowa Sen. Chuck Grassley, the committee’s top Republican, was call back to those hearings, with him recounting how his opening remarks were almost immediately interrupted by protestors.

South Carolina Sen. Lindsey Graham said Republicans “couldn’t go back to our offices during Kavanaugh without getting spit on.”

Promising that Jackson’s hearings won’t be a repeat of the ugliness of the Kavanaugh fight, Graham referred specifically to the sexual assault allegations put forward about the judge in late summer 2018.

Sens. Mike Lee of Utah and Ted Cruz of Texas also rehashed past Supreme Court hearings which they viewed as politically motivated and noted that Jackson’s record on crime are “fair game” during the hearing process.

Cruz said that “part of the Democratic effort to abolish the police is nominating justices that consistently side with violent criminals, release violent criminals, refuse to enforce the law and that results in jeopardizing innocent citizens,” and so questions about that are “fair game.”

What to expect tomorrow: Senators from both sides of the aisle will have an opportunity to question Jackson on her experience. Day 2 of the hearings begin at 9 a.m. ET.

Listen to a recap of today’s hearing here and read about possible topics Jackson will be grilled on this week here.

Chairman Durbin says the Jackson hearings shouldn't be a history class on Kavanaugh

Senate Judiciary Chairman Dick Durbin and Sen. Chuck Grassley greet Supreme Court nominee Judge Ketanji Brown Jackson during her confirmation hearing on Monday.

After the hearing, Senate Judiciary Chairman Dick Durbin explained why Democrats didn’t defend their record on judicial nominees after Republicans excoriated their party — namely over the 2018 confirmation hearings for Brett Kavanaugh, who was accused of sexual assault and which he furiously denied.

Durbin told CNN there was a reason why they didn’t push back today.

Asked if he regretted his party’s handling of the Kavanaugh nomination, the Illinois Democrat said:

“Listen, we all learn from life experiences. I hope you do. I do. Some of these were in our control and some out of our control. I don’t want to relive that history. I think we’re pushing forward with an eye to the future.”

Doug Jones says Jackson will likely not answer court-packing questions and pushes back on GOP criticism

Doug Jones, a former Democratic senator who is serving as nominee Judge Ketanji Brown Jackson’s “sherpa” during the confirmation process, said he dosen’t expect her to address Republican questions about court-packing, a issue that will almost certainly be raised in the days to come. 

“I don’t think any judicial nominee should be talking about legislative policy,” Jones said. “Everybody understands that the size of the Supreme Court is an issue for this body, for the Congress. It is not for the court, and I don’t think you will see any nominee to address that.” 

On criticisms from Republican Sen. Marsha Blackburn about the defendants Jackson represented when she was a public defender, Jones replied, “I think when you hear Judge Jackson talking about her time, and how it informed her as to being a judge and being able to talk, I think she will answer Senator Blackburn pretty well.”

Asked about Republicans calling Jackson soft on crime, Jones said that, “it’s going to be very simple for her to make the argument because she’s going to point to her record.”

More specifically, on Sen. Josh Hawley’s remarks on her sentencing record in cases involving child sexual abuse images, Jones said, “given his tweets and his statements, it was not surprising. We expected those and she will be able to talk about each one of those cases.”

Overall, Jones said he was pleased by Monday’s hearing.

“This is the kind of respectful hearing that you always want, in these confirmation hearings,” he told reporters. “Today was a really great day, a really great start.”

Jackson: I take "my duty to be independent very seriously"

Judge Ketanji Brown Jackson delivers an opening statement during her confirmation hearing in Washington, DC on Monday.

Judge Ketanji Brown Jackson told senators that she takes “my duty to be independent very seriously.”

Jackson called her judicial role “limited” and “constrained.”

While acknowledging the hundred of written decisions she penned can be long, she said “that people should know precisely what I think and the basis for my decision.”

Her experiences in law have “instilled in me the importance of having each litigant know that the judge in their case has heard them, whether or not their arguments prevail in court.”

Republicans invoke Janice Rogers Brown

At least two GOP senators invoked another notable Black jurist during their opening statements Monday, using left-wing resistance to Janice Rogers Brown in 2003 to make the case that potential opposition to Judge Ketanji Brown Jackson isn’t about race.

In 2003, Brown, who was then a California state Supreme Court judge, was nominated by then-President George W. Bush to a Washington-based US appellate court long regarded as a steppingstone to the Supreme Court. But Democrats, including then-Sen. Joe Biden, stalled her nomination for nearly two years and effectively ensured she was shunned in 2005 when Bush had a chance to fill two seats on the high court.

Republican Sen. Ted Cruz of Texas said during the hearing that “we will see Democrats in the media suggest that any senator that is skeptical of your nomination, that questions you vigorously or that dares to vote against you must somehow harbor racial animus.”

“If that were the standard, I would note we are sitting on a committee where multiple members of this committee — the senior Democrats in the committee — happily filibustered Judge Janice Rogers Brown,” he added.

When Brown was confirmed, CNN reported that her opponents were particularly critical of her views on corporate liability and abortion rights. Then-Democratic Minority Whip Dick Durbin of Illinois called her “one of President Bush’s most ideological and extreme judicial nominees.” Durbin is now the chairman of the Senate Judiciary Committee.

Brown’s nomination to the DC Circuit was also opposed by a litany of leading civil rights groups, including the NAACP.

“We would like to urge you in the strongest possible terms to vote against this nomination, which represents a regressive step in the historic struggle for civil and equal rights,” Hilary Shelton, the then-president of the NAACP’s Washington bureau, wrote to the committee in 2003.

Jackson acknowledges daughters in a "special moment" in her opening statement

Supreme Court nominee Judge Ketanji Brown Jackson's husband Patrick and their daughters Leila and Talia listen during her opening statements.

Judge Ketanji Brown Jackson saved a “special moment” in her opening statement to acknowledge her daughters, Talia and Leila.

Jackson thanks her high school debate coach

Judge Ketanji Brown Jackson recalled the mentors who helped her believe in herself, like Fran Berger, her high school debate coach.

Of Justice Stephen Breyer, the justice whom she clerked for and who she may replace, she said he “exemplifies what it means of the highest level of skill and integrity, civility, and grace.”

Jackson describes how her father inspired her to pursue law

Judge Ketanji Brown Jackson said her father helped inspired her pursuit in law, during his study of law while she was a young girl.

“My very earliest memories are of watching my father study — he had his stack of law books on the kitchen table while I sat across from him with my stack of coloring books,” she said.

She noted the path her brother Ketajh took into public service as a police officer. As for her husband of 25 years, Patrick, who is a doctor and whom she met in college.

“I have no doubt that, without him by my side from the very beginning of this incredible professional journey, none of this would have been possible,” she said.

Jackson’s remarks touch on her faith and gratitude to her family

The parents of U.S. Supreme Court nominee Judge Ketanji Brown Jackson, Johnny and Ellery Brown, listen during their daughter's confirmation hearing on Monday. (Photo by Anna Moneymaker/Getty Images)

Judge Ketanji Brown Jackson emphasized the gratitude she felt, as part of her faith, and towards the sacrifices of her family.

She affirmed her thanks “to God, for it is faith that sustains me at this moment. “

Among her blessing, she was born “in this great Nation” in 1970, a decade after Congress enacted civil rights legislation.

“Like so many who had experienced lawful racial segregation first-hand, my parents, Johnny and Ellery Brown, left their hometown of Miami, Florida, and came to Washington DC, to experience new freedom,” Jackson said.

She noted the long hours of work and sacrifice of her parents “to provide their children every opportunity to reach their God-given potential.”

NOW: Supreme Court nominee Ketanji Brown Jackson delivers statement during historic hearing

Supreme Court nominee Ketanji Brown Jackson is delivering her opening statement before the Senate Judiciary Committee during her historic confirmation hearings.

If confirmed, Jackson would become the first Black woman justice.

“During this hearing, I hope that you will see how much I love our country and the Constitution and the rights that make us free,” Jackson told the committee.

This morning, Democratic Sen. Dick Durbin of Illinois, the chairman of the Judiciary Committee, opened the hearing by putting Jackson’s nomination in historical context, noting that of 115 Supreme Court justices, 108 have been White men.

“Not a single justice has been a Black woman,” Durbin said. “You, Judge Jackson, can be the first.”

“It’s not easy being the first,” he added. “But your presence here today, your willingness to brave this process, will give inspiration to millions of Americans who see themselves in you.”

CNN’s Alex Rogers contributed reporting to this post.

Judge Jackson was just sworn in by the Senate Judiciary Committee

Judge Ketanji Brown Jackson is sworn in prior to her opening statement before the Senate Judiciary Committee on Capitol Hill in Washington, DC, on Monday.

Judge Ketanji Brown Jackson was sworn in by the Senate Judiciary Committee as she prepares to present her opening statement and go through the hearing process for her Supreme Court nomination.

What senators are saying on race

Republican Sens. Mike Lee, Josh Hawley and Ted Cruz speak during a break in Monday's proceedings.

Democrats praised what Judge Ketanji Brown Jackson’s nomination will mean for the Americans who have not seen themselves represented on the country’s highest court. Republicans cautioned that their skepticism of her had nothing to do with her race.

“We will see Democrats and the media suggest that any senator that is skeptical of your nomination, that questions you vigorously, or that dares to vote against you must somehow harbor racial animus,” Texas GOP Sen. Ted Cruz said.

Several Democrats said that her presence on the Supreme Court will increase the trust a diverse public place in it.

“Your presence here today, your willingness to brave this process will give inspiration to millions of Americans who see themselves in you,” Illinois Democratic Sen. Dick Durbin said, while noting the rally in Jackson’s support near the Capitol Monday. “There were so many young African American women and law students there seeing your pursuit as part of their dream.”

New Jersey Sen. Cory Booker’s opening statement was a particularly poignant reflection of the moment, as the committee’s sole Black member told Jackson her nomination “is not normal.”

“We are on the precipice of shattering another ceiling,” Booker said. “It’s a sign that we as a country are continuing to rise to our collective cherished highest ideals

Sen. Alex Padilla of California, who gave a portion of his remarks in Spanish, noted how “Breaking barriers and being the first means not just significant opportunity, but tremendous responsibility,” he told Jackson that she was “equipped with a tremendous record of experience and accomplishment and you are ready to blaze this trail.”

“A trail that your grandparents may have found unfathomable, but one that your daughters and my sons and future generations will now see as a natural part of the American story,” Padilla said.

South Carolina Sen. Lindsey Graham, the second Republican on the committee to speak, acknowledged the historic moment, and told the committee “count me in on the idea of making the court more diverse.”

But he also referenced lower court GOP nominees of color who were opposed by Democrats.

“It is about philosophy when it’s somebody of color on our side,” Graham said, adding that “it’s not going to fly” if hard questions about Jackson’s philosophy are deemed racist.

Other Senate Republicans named checked the GOP nominees referred to by Graham, Miguel Estrada – a George W. Bush nominee whose nomination to the DC Circuit was filibustered by Democrats– and Janice Rogers Brown, a George W. Bush-appointee to the DC Circuit whose confirmation faced hostility and delay from Democrats.

“If you are Hispanic or African American and you dare depart from their political orthodoxy, they will crush you, they will attack you, they will slander you, they will filibuster you. So this is not about race,” Cruz said. 

Jackson is being introduced before the Senate Judiciary Committee

Judge Thomas Griffith, formerly of the US Court of Appeals for the District of Columbia Circuit, and Lisa Fairfax, a professor at the University of Pennsylvania Carey Law School, are introducing Supreme Court nominee Judge Ketanji Brown Jackson.

“Today, I have the high honor to introduce Judge Ketanji Brown Jackson, a jurist who has all of those qualities,” he added.

Fairfax, meanwhile, shared her experience getting to know Jackson and studying alongside her at Harvard.

“Ketanji and I met during our first days of college nearly 35 years ago. Those first moments when you wonder if you belong, she’s the friend that made sure we all did. A woman of deep faith in God and unyielding love for family. Ketanji defines friendship. She’s the friend you’re immediately drawn to for their outgoing and friendly nature. As our circle of friends grew, she’s the one who became the rock for us all,” she said.

Biden called Jackson last night "to wish her good luck this week at the hearings," White House says

President Biden called Judge Ketanji Brown Jackson last night ahead of today’s confirmation panel “to wish her good luck this week at the hearings,” White House press secretary Jen Psaki told reporters Monday.

Biden convened a call with President Emmanuel Macron of France, Chancellor Olaf Scholz of Germany, Prime Minister Mario Draghi of Italy and Prime Minister Boris Johnson of the United Kingdom — colloquially, “the Quint” — earlier Monday to discuss Russia’s continued invasion of Ukraine.

“And I would also note that he’s very grateful to Judge Thomas Griffith as well as Lisa Fairfax for introducing [Judge Ketanji Brown Jackson] today,” Psaki added.

Psaki told reporters Monday that Biden will likely “watch replays,” of today’s Supreme Court Confirmation hearings, acknowledging “it was hard to plan his schedule around this.” 

“You know, he — it was hard to plan his schedule around this, so what he asked is that he be provided updates from his team and aides as the — as the hearings progress,” Psaki told reporters. “And obviously, Chairman Durbin gave his opening, Senator Grassley gave his opening this morning, and it proceeds, but it’s hard to plan the President’s schedule around a moving Senate hearing, so I’m sure he’ll be able to watch replays of it, and more specifics, but he wanted updates from aides as well.”

Note: Psaki acknowledged she may not have been correct about the timing of Jackson’s opening statement in her original answer as Jackson delivered her remarks in the afternoon.

Booker: This is not a normal day for America. The Senate is poised to break another barrier

Democratic Sen. Cory Booker of New Jersey said he felt a sense of “overwhelming joy” because of the historic nature of Judge Ketanji Brown Jackson’s Supreme Court nomination.

He continued, “The Senate is poised right now to break another bat barrier. We are on the precipice of shattering another ceiling. Another glass ceiling. It’s a sign that we as a country are continuing to rise to our collective cherished highest ideals. I just feel this sense of overwhelming joy as I see you sitting there as I see your family sitting behind you.”

Booker went on to highlight the importance of the diversity of America and representation.

“The story of America, I think is a testimony to this world of what diverse people can achieve,” he said.

Booker noted that of the 115 Supreme Court justices that have served, 108 have been White men. “We shouldn’t diminish the accomplishments of mostly these 108 White men. They were extraordinary patriots who helped shape this country. But now we are seeing to the highest court in our land, a hopeful day like this. That so many of the people so much of the rich talent of our nation, who could not scarcely ever dream of sitting on the Supreme Court. Now we are showing that we will indeed go deep into the waters of our nation and pull forth the best talent. Extraordinary legal talent comes from all backgrounds,” he said.

Booker also highlighted many of Jackson’s career accomplishments and recognized her daughter, Leila, who wrote to then President Obama, requesting that he nominate her mother to the Supreme Court.

“I want to tell your daughter right now. But that dream of hers is so close to being a reality,” Booker added.

Watch the moment:

f8a3649b-626d-4add-9abc-54cb5de11d38.mp4
00:31 - Source: cnn

The shadow boxing begins over whether Jackson is "soft on crime"

Judge Ketanji Brown Jackson’s experience as a federal public defender – something that sets her apart from every justice who has served on the Supreme Court – has made notable appearances in opening statements delivered by committee members of both parties.

Republicans previewed an effort to connect Jackson to the progressive criminal justice policies that they say are behind the rise in crime, while Democrats sought to counter those attacks and tout her criminal defense experience as an advantage, not a vulnerability.

Sen. Ted Cruz, a Republican from Texas, said that “part of the Democratic effort to abolish the police is nominating justices that consistently side with violent criminals, release violent criminals, refuse to enforce the law and that results in jeopardizing innocent citizens,” and so questions about that are “fair game.”

Jackson’s public defender experience, according to Sen. Richard Blumenthal, a Democrat from Connecticut, helps her “understand our justice system uniquely, through the eyes of people who couldn’t afford a lawyer.”

“They couldn’t afford their own lawyer and you advocated for them,” Blumenthal said, later adding that as a former prosecutor, he knows that the “system works best when there are good lawyers on both sides.”

Sen. Sheldon Whitehouse, a Democrat from Rhode Island, framed her background as a contrast from the nominees put forward who were “groomed in partisan petri dishes.”

“She learned practical, courtroom experience in both civil and criminal law. How the judicial system works, and how it serves or doesn’t serve different litigants,” Whitehouse said.

Cruz’s comment towards Jackson came in a broadside about “murder rates, carjacking rates, crime rates skyrocketing across the country, in significant part because political, Soros-backed district attorneys, because of Democratic efforts to abolish the police.”

Sen. Chuck Grassley, the committee’s top Republican, connected those trends to the Demand Justice, a left-wing legal group that supports Jackson’s nomination that he noted also supports progressive local prosecutors. He denied that Republicans had a habit of “vilifying” nominees that have represented criminal defendants.

“I’ve distinguished between two types of nominees who have worked in criminal cases. There are bill of rights attorneys who want to protect defendants’ constitutional rights,” Grassley said. “Then there are what I’ve called criminal defense lawyers who disagree with our criminal laws. They want to undermine laws that they have policy disagreements with, and of course that’s a very important difference.”

The hearing has resumed 

The confirmation hearing for Supreme Court nominee Ketanji Brown Jackson has resumed after taking a break for lunch.

Senators will continue to deliver opening statements and then Jackson will be introduced by Judge Thomas Griffith, formerly of the US Court of Appeals for the District of Columbia Circuit, and Lisa Fairfax, a professor at the University of Pennsylvania Carey Law School.

The nominee will then deliver an opening statement.  

Biden tweets: I know Judge Jackson will make "an exceptional justice"

President Biden tweeted his support for Supreme Court nominee Judge Ketanji Brown Jackson ahead of her opening statement Monday afternoon.

“As Judge Jackson begins her Supreme Court confirmation hearings this week, I look forward to the Senate and country seeing how incredibly qualified she is for the job. She’s a brilliant legal mind with the utmost character and integrity. I know she’ll make an exceptional Justice,” Biden tweeted.

View the tweet here:

Why the Senate has a say in the Supreme Court confirmation process

Today’s Senate Judiciary Committee hearing kicked off a historic confirmation process for Judge Ketanji Brown Jackson — who could become the first Black woman on the highest court.

But why is the Senate involved in this process? Under Article II of the Constitution, the President nominates justices to the Supreme Court, with the “advice and consent of the Senate.”

One hundred and sixty-five nominations have been officially submitted to the Senate (including nominations for chief justice).

The American Bar Association’s Standing Committee on the Federal Judiciary also evaluates nominees to the Supreme Court for the Justice Department and the Senate Judiciary Committee. The organization has three possible rankings: qualified, well-qualified, and not qualified.

The American Bar Association on Friday rated Jackson as “well qualified” — its highest rating.

There is no requirement that the chief justice of the Supreme Court previously serve as an associate justice, but five of the 17 chief justices have. Three justices served on the Court immediately before being elevated to chief justice: Edward D. White, Harlan Fiske Stone and William Rehnquist. Two justices had a break between their service as associate justice and being appointed chief justice: Charles Evans Hughes and John Rutledge.

Franklin D. Roosevelt appointed nine justices during his 12-year presidency, the most since George Washington. Jimmy Carter is the only president to complete a full term of office and never have the opportunity to nominate a Supreme Court justice.

Read more about Supreme Court nominations here.

Democrats put abortion and climate crisis front and center

Sen. Dianne Feinstein (D-CA) speaks during the Senate Judiciary Committee confirmation hearing for U.S. Supreme Court nominee Judge Ketanji Brown, in the Hart Senate Office Building on Capitol Hill March 21, 2022 in Washington, DC.

Democrats are putting a spotlight on the major cases of the Supreme Court and some of the controversial rulings the 6-3 conservative majority has recently handed down — and some still to come.

California Sen. Dianne Feinstein referenced current cases on the Supreme Court’s docket concerning gun control policy, abortion rights and what authority the Environmental Protection Agency has to fight climate change.

Minnesota Sen. Amy Klobuchar hit a similar note, when she asked her colleagues to remember how the court “must be able to see the real people at the other end of its rulings.”

“Like Americans who are one Supreme Court decision away from losing their health insurance, or one court decision away from the ability to make their own health care choices, or the Dreamers who could lose the only country they’ve ever known,” Klobuchar said, alluding to the previous Supreme Court cases that dealt with the Affordable Care Act and immigration policy.

She also referenced the conservative majority’s ruling in a 2020 Wisconsin election rules case as the pandemic took hold, as she recalled “the people who waited for hours in the rain one recent election day in Wisconsin, wearing garbage bags, and homemade mask in the middle of what would soon become a global pandemic just to cast a ballot.”

READ MORE

Confirmation hearings begin for Supreme Court nominee Ketanji Brown Jackson
How to watch the confirmation hearings for Judge Ketanji Brown Jackson
What Ketanji Brown Jackson might be grilled about in her Supreme Court confirmation hearings
Ketanji Brown Jackson: The personal and legal record of the Supreme Court nominee
American Bar Association rates Biden nominee Jackson ‘well qualified’ to serve on Supreme Court
How Judge Ketanji Brown Jackson handled Trump and executive privilege cases

READ MORE

Confirmation hearings begin for Supreme Court nominee Ketanji Brown Jackson
How to watch the confirmation hearings for Judge Ketanji Brown Jackson
What Ketanji Brown Jackson might be grilled about in her Supreme Court confirmation hearings
Ketanji Brown Jackson: The personal and legal record of the Supreme Court nominee
American Bar Association rates Biden nominee Jackson ‘well qualified’ to serve on Supreme Court
How Judge Ketanji Brown Jackson handled Trump and executive privilege cases