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Jackson vows to be independent on Supreme Court if confirmed


Judge Ketanji Brown Jackson, President Joe Biden’s nominee to the Supreme Court, appears at her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington on Monday morning, March 21, 2022.

By Katie Rogers


Judge Ketanji Brown Jackson on Monday emphasized “my duty to be independent” if confirmed as the first Black woman on the Supreme Court, as Republican senators almost immediately began previewing attack lines accusing her of being lenient on crime.


On the first day of her confirmation hearings before the Senate Judiciary Committee, Jackson sat mostly in silence listening to 22 senators talk at length about what they wanted in a nominee. Race was not always an unspoken subtext, as Sen. Lindsey Graham, R-S.C., suggested that tough questioning would be criticized as racism.


“‘We’re all racist if we ask hard questions’ is not going to fly with us,” Graham said.


More than four hours after the hearing began, Jackson, 51, cleared her throat, turned her microphone on and spoke for herself.


“If I am confirmed, I commit to you that I will work productively to support and defend the Constitution and this grand experiment of American democracy that has endured over these past 246 years,” Jackson, who currently serves on the U.S. Court of Appeals for the District of Columbia Circuit, said in opening remarks that lasted about 13 minutes.


“I have been a judge for nearly a decade now, and I take that responsibility and my duty to be independent very seriously,” she said. “I decide cases from a neutral posture. 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.”


As the day began, some Democrats in the room were celebrating her nomination.


Rep. Sheila Jackson Lee of Texas, who had no formal role in the proceedings, held up her phone to record as Sen. Cory Booker of New Jersey spoke about the sheer joy he felt at a moment that he called, simply, “not a normal day for America.”


Among the Republicans, there were early flashes of gentility: Sen. Chuck Grassley of Iowa, the committee’s senior Republican, pulled out a chair for Jackson just before the hearing began.


But that tone quickly receded as Republicans stressed that they would not personally attack Jackson, while in the same breath accusing her of being lenient on child sex abuse defendants and sex offenders. Several also suggested, without evidence, that she was aligned with progressive groups that are interested in adding justices to the Supreme Court.


Democrats saw the offensive coming and tried to preempt the criticism in their prepared remarks.


“These baseless charges are unfair,” said Sen. Richard J. Durbin of Illinois, the committee’s chairman, adding, “They fly in the face of pledges my colleagues made that they would approach your nomination with civility and respect.”


Jackson’s approval by the Senate would not change the ideological balance of the court. She is a former clerk for Justice Stephen Breyer, whose spot she would take in the court’s three-member liberal wing when he retires at the end of the current term. A review of a substantial sample of Jackson’s roughly 500 judicial opinions suggests that she would be about as liberal as Breyer.


With Jackson likely to be confirmed, either with one or two Republican swing votes or with solely Democratic votes, Republicans are expected to use the hearings to direct the public’s attention to cultural issues that are likely to be flashpoints in the midterm elections.


Sen. Marsha Blackburn, R-Tenn., forecast an effort by her party to use the hearings as a venue to attack Jackson and Democrats on such issues.


At one point, Blackburn spoke of “so-called white privilege” before wondering aloud to Jackson whether it was her hidden agenda to incorporate critical race theory into the legal system. (There is no evidence to suggest that it is.)


When she was finally able to speak, Jackson seemed to insulate herself from Republican attempts to paint her as a leftist who might overreach.


“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,” Jackson said, “and I know that my judicial role is further constrained by careful adherence to precedent.”


In their individual statements, the 11 Republicans on the committee also zeroed in on the idea that Jackson’s past work as a public defender shows that she is soft on crime and is evidence of a broader effort by the Biden administration to install judges who favor mediating criminal sentences. Jackson, who if confirmed would be the only justice on the Supreme Court to have experience as a public defender, has been confirmed by the Senate three times before, a record she pointed out Monday.


On Monday, Sen. Josh Hawley, R-Mo., revived claims in his introductory statement that accused Jackson of giving light sentences to child sexual abuse defendants. It is a criticism that experts say is misleading and ignores a debate within the judicial community about mandatory sentencing policies.


“All of my professional experiences, including my work as a public defender and as a trial judge, 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,” Jackson said.


Jackson told the committee that she was born the pride of two public-school teachers who had given her an African name that meant “lovely one.”


The witness section of the audience sitting behind her was filled with Black supporters, including White House officials, elected officials, family members and a handful of lawyers. Only a few were wearing masks, and the atmosphere was celebratory.


To Jackson’s immediate right sat Dana Remus, the White House counsel, who had led her through near-daily prep sessions, often called murder boards, as the hearings drew closer. Remus sat next to former Sen. Doug Jones of Alabama, who has served as Jackson’s navigator through the interview process on Capitol Hill. He is expected to resume working with senators immediately after the hearings conclude, two people familiar with the White House strategy said.


During the hearing, Jackson was flanked by her husband, Dr. Patrick Graves Jackson, who wiped away tears as she read her statement, and her daughters, Leila and Talia.


“I fully admit that I did not always get the balance right,” she told her daughters, referring to balancing her life as a mother with her work as a jurist. “But I hope that you’ve seen that with hard work, determination and love, it can be done.”

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