Judge Ketanji Brown Jackson’s SCOTUS Confirmation Hearing Begins

By Nikki Slusher

Today is a monumental moment in U.S. history. For the first time ever, a Black woman has been nominated to sit on the bench of the country’s highest court. Judge Ketanji Brown Jackson’s Supreme Court nomination process kicked off Monday morning, and the proceedings have given us a glance of Judge Jackson’s record in the courtroom.

The weeks leading up to Judge Jackson’s confirmation hearing have been less toxic than those of her future peers, like Justices Brett Kavanaugh and Amy Coney Barrett. Even more astonishing has been the bipartisan promise to avoid a rancorous environment during the proceedings. Sen. Chuck Grassley (R-IA) pulled out Judge Jackson’s chair; committee chairman Sen. Dick Durbin (D-IL) also spoke, stating, “You’re a living witness to the fact that in America all is possible.” He continued, “Not a single justice has been a Black woman. You can be the first…It’s not easy being the first. In some ways you have to be the best, in some ways the bravest.” Durbin added, “Her judicial record displayed a command of the facts and relevant legal materials and should be enough to secure a bipartisan vote.”

While Judge Jackson’s impeccable record and qualifications have been emphasized by Democrats and even some Republicans, there were multiple GOP senators who took the opportunity in the opening moments of genteelness to recollect the personal attacks weathered by previous nominees, and even themselves. They went even further to suggest that Judge Jackson had closer ties to progressive groups than she had initially indicated – without any evidence to support these claims.

In Sen. Grassley’s opening statement, the “There are a number of dark money groups on the left that argue federal judges should make policy decisions based on judges’ own values.” He continued, “I’ve talked about the troubling role of far-left dark money groups, like Demand Justice, have played in this administration’s judicial selection process.”

It’s important to note here that Judge Jackson has been confirmed by the Senate three times prior to today’s hearing, including for her seat on the DC District Court and when she filled now AG Merrick Garland’s seat on the US Court of Appeals, DC Circuit, which is the most significant court below the Supreme Court. Needless to say, Judge Jackson is a seasoned pro when it comes to Senate hearings.

There’s been multiple Republicans who emphasized that they would heavily examine her record during her time as a public defender. Some have gone as far as trying to assert that Judge Jackson – as well as other Biden judicial appointments – have unsuitably gone further than providing a competent defense to their client who have been accused of grievous, deviant criminal offenses; however, reports state that she had anticipated these types of criticisms regarding her work as a public defender. More specifically, the GOP have focused on the cases she represented for detainees at the U.S. military prison at Guantanamo Bay.

Sen. John Cornyn (R-TX) said in his opening statement, “As someone who has deep respect for the adversarial system of justice, I understand the importance of zealot advocacy. But it appears sometimes this advocacy has gone beyond the pale and in some instances it appears your advocacy has bled over into your decision-making process as a judge.” Sen. Josh Hawley (R-MO) accused her of “letting child porn offenders off the hook” during her time as a federal judge, following up his statement with screenshots of statements she made in the past on these cases.

Sen. Durbin called these claims “outrageous,” and maintained his stance on being one of Judge Jackson’s biggest supporters. “There may be some who claim, without a shred of evidence,” he said, “that you will be some kind of rubber stamp for the president.” Sen. Durbin also noted that her record had been intensely scrutinized, and denunciation would disregard her eligibility and credentials. He continued, “I have four words: Look at the record. Your complete record has been scoured by this committee on four different occasions.”

Judge Jackson elegantly navigated her way through day one, and was quick to shut down any questions of her judicial philosophy. “I decide cases from a neutral posture,” she said. “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 also mentioned her lengthy written decisions during her time on the bench, stating “that people should know precisely what I think and the basis for my decision.” She accentuated her experience practicing law as one that has “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.”

Not only would she be the first Black woman to join the court, Judge Jackson would also be the first justice to ever serve as a public defender prior to her confirmation. Her appointment to the highest court would bring a rare heuristic multiplicity that has yet to happen on the SCOTUS. There are three more days of confirmation hearings this week.