Ketanji Brown Jackson's confirmation hearing: Day 1

By Tierney Sneed, Maureen Chowdhury, Melissa Macaya and Dan Berman, CNN

Updated 10:42 PM ET, Tue March 22, 2022
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6:17 p.m. ET, March 21, 2022

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.
Supreme Court nominee Judge Ketanji Brown Jackson is sworn in during her confirmation hearing on Capitol Hill on Monday. (Doug Mills/Pool/Getty Images)

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.”

“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," Jackson added.

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.

“Not a single justice has been a Black woman. You, Judge Jackson, can be the first,” Durbin said. “It's not easy being the first. Often you have to be the best. In some ways, the bravest. Many are not prepared to face that kind of heat, that kind of scrutiny, that ordeal and the glare of the national spotlight," he added.

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

The court “must be able to see the real people at the other end of its rulings," she said during her opening statement.

“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.”

“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."

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."

“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," he said.

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.

“It means that no Republican senator is going to unleash on you an attack about your character when the hearing is virtually over,” Graham said, while seeming to allude to the role California Democratic Sen. Dianne Feinstein played in the allegations – which Kavanaugh has vehemently denied — coming out.

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.

“When we’re focused on things that we have no business doing, like bringing forward spurious last minute, uncorroborated accusations of a personal nature, we neglect the importance of talking about the jurisprudential role, the philosophy that guides individual jurists," Lee said.

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.

5:20 p.m. ET, March 21, 2022

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

From CNN's Manu Raju

Senate Judiciary Chairman Dick Durbin and Sen. Chuck Grassley greet Supreme Court nominee Judge Ketanji Brown Jackson during her confirmation hearing on Monday.
Senate Judiciary Chairman Dick Durbin and Sen. Chuck Grassley greet Supreme Court nominee Judge Ketanji Brown Jackson during her confirmation hearing on Monday. (Drew Angerer/Getty Images)

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.

"This isn't a history class. We learned from past experiences, some of which we could control and some we couldn't. We could go chapter and verse through each one of the nominees and what happened," Durbin said. "I'm looking forward. I think this committee is looking forward to work with Biden administration to bring the very best judiciary. And I think Judge Jackson is one of those people."

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."

5:21 p.m. ET, March 21, 2022

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

From CNN's Morgan Rimmer and Lauren Fox

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.”

 

4:08 p.m. ET, March 21, 2022

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

From CNN's Tierney Sneed

Judge Ketanji Brown Jackson delivers an opening statement during her confirmation hearing in Washington, DC on Monday.
Judge Ketanji Brown Jackson delivers an opening statement during her confirmation hearing in Washington, DC on Monday. (Mandel Ngan/AFP/Getty Images)

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

“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.”

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.”

5:36 p.m. ET, March 21, 2022

Republicans invoke Janice Rogers Brown

From CNN's Devan Cole

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.

“As to the historic nature of your appointment, I understand. But when I get lectured about this from my Democratic colleagues, I remember Janice Rogers Brown, an African American woman, that was filibustered by the same people praising you,” said Sen. Lindsey Graham, a Republican from South Carolina.

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.

4:56 p.m. ET, March 21, 2022

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.
Supreme Court nominee Judge Ketanji Brown Jackson's husband Patrick and their daughters Leila and Talia listen during her opening statements. (Evan Vucci/AP)

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

"I am saving a special moment in this introduction for my daughters, Talia and Leila. Girls, I know it has not been easy as I have tried to navigate the challenges of juggling my career and motherhood. And I fully admit that I did not always get the balance right. But I hope that you have seen that with hard work, determination, and love, it can be done. I am so looking forward to seeing what each of you chooses to do with your amazing lives in this incredible country. I love you so much," she said.

3:38 p.m. ET, March 21, 2022

Jackson thanks her high school debate coach

From CNN's Tierney Sneed

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

"She invested fully in me, including taking me to Harvard — the first I'd ever really thought of it — to enter a speech competition. Mrs. Berger believed in me, and, in turn, I believed in myself," Jackson said.

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.”

3:36 p.m. ET, March 21, 2022

Jackson describes how her father inspired her to pursue law

From CNN's Tierney Sneed

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.

5:41 p.m. ET, March 21, 2022

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

From CNN's Tierney Sneed

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)
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) (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.”

“My parents taught me that, unlike the many barriers that they had had to face growing up, my path was clearer, such that if I worked hard and believed in myself, in America I could do anything or be anything I wanted to be,” Jackson said.