Senate Panel Starts Hearing On Historic U.S. Supreme Court Pick Jackson

The U.S. Senate Judiciary Committee on Monday began its consideration of President Joe Biden's nomination of Ketanji Brown Jackson to be the first Black woman on the U.S. Supreme Court, with Republicans expected to pose tough questions about her professional background and judicial philosophy.

Biden last month nominated Jackson, 51, for a lifetime job on America's top judicial body to succeed retiring liberal Justice Stephen Breyer, setting up a confirmation battle in the closely divided Senate.

If confirmed, she would be the 116th justice to serve on the high court.

"Not a single justice has been a Black woman. You, Judge Jackson, can be the first," Senator Dick Durbin, the Democratic chairman of the committee, said in his opening statement.

"It's not easy being the first. You have to be the best and in some ways the brightest. Your presence here today and your willingness to brave this process will give inspiration to millions of women who see themselves in you," Durbin added.

Durbin defended Jackson, saying attacks on her by some conservatives as "soft on crime" are baseless and unfair and said her judicial record showed that she would not be a "rubber stamp" for Biden. Durbin said some of her critics were "bordering on demagoguery."

Jackson entered the packed hearing room before the session began and was greeted by some of the committee members and well-wishers as she took her place alone at the witness table.

"We will conduct a thorough, exhaustive examination of Judge Jackson's record and views," said the committee's top Republican, Senator Chuck Grassley.

Grassley said Republicans "won't try to turn this into a spectacle" and will treat Jackson with respect but will "ask tough questions about Judge's Jackson's judicial philosophy."

Jackson later on Monday is set to make an opening statement during the first day of her confirmation hearing, with the committee's 22 members due to question her on Tuesday and Wednesday. Biden's fellow Democrats narrowly control the Senate, which has the authority under the U.S. Constitution to confirm a president's judicial appointments.

The Senate previously has confirmed Jackson to three federal posts, most recently last year, when Biden nominated her to the U.S. Court of Appeals for the District of Columbia Circuit after eight years as a federal district judge in Washington.

IDEOLOGICAL BALANCE

Her confirmation would not change the ideological balance of the Supreme Court, which has a 6-3 conservative majority, including three justices appointed by Biden's Republican predecessor Donald Trump. But it would let Biden freshen the court's liberal bloc with a justice young enough to serve for decades. Breyer, 83, is the court's oldest member.

Jackson was raised in Miami and attended Harvard Law School, later serving as a Supreme Court clerk for Breyer and representing criminal defendants who could not afford a lawyer.

Her nomination fulfilled Biden's 2020 campaign promise to name a Black woman to the court, a milestone he called long overdue. If confirmed, she would be the third Black justice, following Clarence Thomas, appointed in 1991 and still serving, and Thurgood Marshall, who retired in 1991 and died in 1993.

The Supreme Court said on Sunday that Thomas was hospitalized in Washington on Friday with an infection. It said Thomas was being treated with intravenous antibiotics and was expected to be released in a day or two.

Jackson also would become the sixth woman to serve on the Supreme Court, which currently has three female justices - Amy Coney Barrett, Elena Kagan and Sonia Sotomayor.

She is likely to face sharp questioning from Republicans including Josh Hawley and Ted Cruz on issues such as crime and cases she took when representing criminal defendants.

Some senators also could question her on race issues, including whether she should participate in an upcoming case challenging Harvard University's affirmative action admissions policy used to increase the number of Black and Hispanic students on campus. Jackson serves on the university's Board of Overseers and has faced calls to recuse herself from the case.

Jackson's nomination has been backed by prominent lawyers from across the ideological spectrum, civil rights groups and law enforcement organizations including the National Fraternal Order of Police, which represents rank-and-file officers.

The Senate is divided 50-50 between the two parties, with Biden's fellow Democrats controlling it because Vice President Kamala Harris can cast a tie-breaking vote.

A simple majority vote would be needed for Jackson's confirmation, meaning she would get the job if all Democrats are united behind the nomination regardless of what Republicans do.

The confirmation hearing ends on Thursday with witnesses testifying about Jackson's suitability for the job. The Judiciary Committee would then vote on the nomination in the coming weeks, followed by a final confirmation vote on the Senate floor. Breyer has said he would remain on the court until its current term ends, typically in late June.