Republicans Press Attacks On U.S. Supreme Court Nominee Jackson

Republicans on Wednesday pressed their attacks on a range of issues against Ketanji Brown Jackson, President Joe Biden's nominee to become the first Black woman on the U.S. Supreme Court, as she inched closer to the end of an intense two days of questioning with Democrats coming to her defense.

Jackson faced more questioning by Senate Judiciary Committee members on the third day of her confirmation hearing after a marathon session on Tuesday. Republicans renewed their attacks, again accusing her of being improperly lenient as a judge in sentencing child pornography offenders - an accusation she again rejected.

Under hostile questioning from her former Harvard Law School classmate Senator Ted Cruz, Jackson said that if confirmed to the lifetime job by the Senate she planned not to participate in a major upcoming Supreme Court case involving the university because she serves on its board of overseers.

The case, to be heard by the court in its next term that begins in October, involves a challenge to the affirmative action admissions policy Harvard uses to increase the number of Black and Hispanic students on campus.

Asked by Cruz whether she would recuse herself in the case, Jackson responded, "That is my plan, Senator." Justices sometimes recuse themselves from cases in which they may be seen to have a conflict of interest.

Jackson, who since last year has served as a federal appellate judge after eight years as a federal district judge, has remained unflappable and calm throughout periods of antagonistic questioning, beginning most of her responses with a polite "thank you, Senator."

So far, there is no sign that the Republican attacks are likely to derail Jackson's confirmation, with Democrats narrowly controlling the Senate. With a simple majority needed for confirmation and the Senate divided 50-50 between the parties, she would get the job if Democrats remain united regardless of how the Republicans vote.

Democratic Senator Dick Durbin praised Jackson for her poise during the hearing and said some Republicans had used it as "an opportunity to showcase talking points for the November election" when control of Congress is up for grabs, including the argument that Democrats are "soft on crime."

"Well, you have made a mess of their stereotype," Durbin said, pointing to the fact that she has been endorsed by law enforcement groups, including the National Fraternal Order of Police.

Republicans also have criticized her legal representation earlier in her career of some detainees at the U.S. naval base at Guantanamo Bay, Cuba, and tried to link Jackson to activist groups on the left and to "critical race theory," which argues American history and institutions are infused with racial bias.

Republican Senator Lindsey Graham joined those who have sought to paint Jackson's sentencing in child pornography cases as too lenient, frequently interrupting her while she attempted to answer his questions.

"All I can say is your view of how to deter child pornography is not my view. I think you're doing it wrong. And every judge who does what you're doing is making it easier for these children to be exploited," Graham said.

Republican Senator Mike Lee later said Jackson's refusal to issue longer sentences was "of great concern to me."

"I know how serious these crimes are," Jackson said in her defense, adding that her approach was to ensure "the most serious offenders get the longest time."

Democratic Senator Chris Coons told Jackson that the Republican attacks were an "unfair representation of your record." Democrats have said Jackson's approach to child pornography sentencing was similar to the vast majority of federal judges.

Graham also accused Jackson of being an activist judge, citing one immigration case as "exhibit A of activism."

Her confirmation would not change the court's ideological balance - it has a 6-3 conservative majority - but would let Biden freshen its liberal bloc with a 51-year-old jurist young enough to serve for decades. The Democratic president nominated Jackson last month to the lifetime post to succeed retiring liberal Justice Stephen Breyer.

There are signs that not all Republican senators agree with the targeting of Jackson's record on sentencing. Republican Senator Thom Tillis said during the hearing that he was "sympathetic to some of it, not necessarily all of it" when describing claims made his colleagues. Republican Senator Mitt Romney told the Washington Post the attacks on Jackson were "off course."

Jackson's questioning by senators is due to end on Wednesday. Outside experts are scheduled to testify on Thursday's final day of the hearing.

If confirmed, Jackson would be the 116th justice to serve on the high court, the sixth woman and the third Black person. With Jackson on the bench, the court for the first time would have four women and two Black justices.