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SCOTUS Confirmation: Ketanji Brown Jackson Enters Day 3 of Senate Hearing

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SCOTUS Confirmation: Ketanji Brown Jackson Enters Day 3 of Senate Hearing

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  • The Senate Judiciary Committee continues a historic few days of confirmation hearings for Judge Ketanji Brown Jackson Wednesday, the federal judge chosen by President Joe Biden to serve on the U.S. Supreme Court.
  • Judiciary Committee Chairman Dick Durbin ended the the second day of hearings by blasting Republicans for what he said were "inaccurate" statements about the judge.
  • Republicans including Senator Ted Cruz of Texas asked whether the White House had supplied Democrats with different materials on Jackson than Republicans.
  • Jackson faced questions about her judicial philosophy, her opinion on abortion cases, whether she supports "packing" the Supreme Court, and her record on child pornography sentencing.
  • GOP Senators Lindsay Graham and Ted Cruz took their time to press Jackson on her faith, her experience defending Guantanamo Bay detainees and her views on Critical Race Theory.
  • If confirmed, Jackson would become the first Black woman to serve on the nation's highest court, replacing retiring Justice Stephen Breyer.

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Durbin Closes Second Day of Hearings by Blasting 'Inaccurate' Republicans

Senate Judiciary Committee Chairman Dick Durbin, a Democrat from Illinois, closed the second day of Supreme Court nominee Ketanji Brown Jackson's confirmation hearings by blasting "inaccurate" Republican statements about the judge.

Durbin praised Jackson for being "a model of grace under pressure" just after Republican Tennessee Senator Marsha Blackburn had grilled her about issues ranging from abortion rights to transgender participation in sports and critical race theory.

"At times things were said about you which turned out to be inaccurate," Durbin said. "It was said that you called President Bush and Secretary Rumsfeld 'war criminals.' That didn't happen."

Durbin was referring to a claim that Republican Texas Senator John Cornyn had made earlier in the day, when he said that she called former President George W. Bush and former Secretary of Defense Donald Rumsfeld "war criminals."

Although a 2005 legal filing from Jackson, then working as a public defender on behalf of Guantanamo Bay detainee Khiali-Gul, did claim that Bush and Rumsfeld violated the Geneva Conventions, Jackson never directly referred to them as war criminals.

"It was said that you always sentence criminals too lightly," Durbin continued. "That's not exactly true."

Republican senators have repeatedly accused Jackson of issuing light sentences during the hearings, singling out cases involving child pornography. Democrats, and Jackson herself, have argued that her sentences were in line with federal guidelines.

"It was said you apologized to a defendant in a child pornography case without any sympathy for the victims," said Durbin. "That wasn't true either."

Earlier in the day, Republican Missouri Senator Josh Hawley claimed that Jackson had "apologized" to a child porn defendant that she had to sentence to 20 years under federal guidelines, before later resentencing him to a reduced term.

Durbin insisted that "the truth" was that Jackson had "sentenced more than a hundred defendants, some to decades in prison" and that her sentences "were in line with the recommendations of the government or the probation office in the vast majority of cases that you heard."

Durbin went on to note that a "special guest" was present at the hearing, who he said was "a lady who cleans our offices." Durbin said the cleaning crew member had asked "why are people so mean" after the hearing on Monday.

"The overwhelming majority on both sides of the aisle were not mean, they were constructive and positive and really raised the important questions that we all care about," said Durbin. "Some are always going to be a little disappointing, that's the nature of human life."

The hearings are set to resume on Wednesday morning at 9 a.m., with Republican Senator Thom Tillis of North Carolina and Democratic Senator Jon Ossoff of Georgia scheduled to question Jackson first.

Jackson Says it Would 'Be OK' to have 28 Supreme Court Justices

Supreme Court nominee Ketanji Brown Jackson admitted that she believes it would be "ok" if she served on a court with 28 members during questioning at her confirmation hearing on Tuesday.

Senator John Kennedy, a Louisiana Republican, began his questioning telling Jackson that he found her to be "very intelligent and very articulate." He then asked the judge whether she supported "efforts to delegitimize the United States Supreme Court."

"Senator, I have nothing but esteem for the United States Supreme Court, for my hopefully future colleagues on the court, and the work that the court does," responded Jackson.

Kennedy expanded on the question, asking Jackson whether she would "agree that the calls to pack the court delegitimize the court."

Republicans have expressed concerns that Democrats might attempt to upend the court's current 6-3 conservative majority by expanding the number of justices, also known as "packing the court."

"It would not be appropriate for me, in my view, to comment on calls to 'pack the court,' as you say, to increase the number, to do any structural changes," Jackson said.

"Those are policy determinations for Congress," she continued. "I'm just looking forward to working with the brilliant people who are there at whatever size Congress decides, if I'm confirmed."

The senator then pushed the issue, asking Jackson whether she would agree with the statement "the calls to pack the court don't legitimize the court."

Jackson declined to weigh in, saying she was "not in a position to give an opinion on issues that are policy issues concerning the court."

Kennedy continued to push, with Jackson eventually saying that she did not have a "strong opinion" on the matter but thought it not "appropriate" to share the opinion she did have.

The senator asked whether it would "make a difference" to Jackson if she was "one of nine or one of 28" on the court.

"I would be thrilled to be one of how many ever Congress thought it appropriate to put on the court," Jackson said.

"So, you'd be ok if it were 28?" Kennedy asked.

"If that were Congress' determination? Yes, Congress makes political decisions like that," Jackson responded.

Cory Booker Says 'God, I Trust You' to Jackson

Democratic Senator Corey Booker of New Jersey praised Supreme Court nominee Ketanji Brown Jackson during her Senate Judiciary Committee hearing on Thursday, lauding the "trust" that he places in her.

Booker defended Jackson against Republicans questioning whether she had been too lenient in sentencing crimes, insisting that he was "offended" by their line of questions while praising her "thoughtfulness."

"This implication that somehow your thoughtfulness on these very dense, fact-specific cases is somehow out of the norm, to me, does not hold up," said Booker.

He later noted Jackson's family members had worked in law enforcement before reciting a list of Jackson's endorsements from victim advocacy groups and law enforcement organizations.

"I've just watched you with dignity and grace field what I can only imagine what is behind those questions, this doubt that is being sown," Booker said. "I just want America to know that when it comes to my family's safety, when it comes to Newark, New Jersey, or my state: God I trust you, I trust you."

Jackson Snipes Back at Tom Cotton, 'These Are Policy Questions'

Senator Tom Cotton, an Arkansas Republican, repeatedly asked Judge Ketanji Brown Jackson about criminal justice policies during her Supreme Court confirmation hearing on Tuesday evening, prompting the judge to say that she could not answer such questions "in the abstract."

Cotton asked Jackson about whether she agreed average American sentence lengths for an assortment of crimes including murder and rape. After telling Jackson that the average rape sentence was 7.2 months, he asked her whether she thought the average was "too long or too short for someone convicted of rape."

"Senator, that's a policy question about the egregious crime of rape," Jackson responded. "And Congress has said that the court is supposed to take into account a number of factors when it sentences... I can't answer in the abstract."

Cotton insisted that his questions were not "abstract," describing them instead as "very concrete."

After the Arkansas Republican complained that Jackson was not adequately answering "not tough" questions, the judge responded that they were not questions she was qualified to answer.

"It's not that they're difficult questions, it's that they are not questions for me," Jackson said. "I am not the Congress. I am not making policy around sentencing. My job is to look in a particular case and decide what the penalty should be within the range that Congress prescribes."

Cruz Suggests Republicans Were Excluded From Information on Jackson

Senate Judicial Committee Chair Dick Durbin, an Illinois Democrat, shut down Republican Texas Senator Ted Cruz after he suggested that the White House withheld information regarding Supreme Court nominee Ketanji Brown Jackson from Republicans.

Cruz had a brief exchange with Durbin just after Democratic Hawaii Senator Mazie Hirono completed her questioning of Jackson. Cruz referred to sentencing recommendations pertaining to child porn cases, which Republicans have accused Jackson of being too "lenient" in sentencing.

"Senator Hirono just made reference to the recommendations of the probation office in five of these cases," Cruz said. "To the best of my knowledge, those probation recommendations are not in the record. I haven't seen them, my staff hasn't seen them."

Cruz asked whether "the White House is providing differential material on this nominee's background to Democratic members than Republican members," contending that it was unclear where "Senator Hirono would get access to them other than from the White House."

Durbin responded by saying that Cruz knew panel had "completed discovery before we started this hearing and that he was "not going to entertain" Cruz's line of questioning.

Cruz continued to press the issue, asking whether Durbin and other Democrats had been keeping "differential access to this information." The chairman responded that he was not sure about the definition of the phrase before saying that he would "look it up."

Durbin then called a planned 10 minute break in the hearing.

Jackson Calls Child Porn Cases 'Damaging'

Judge Ketanji Brown Jackson responded to allegations from Republican Senator Josh Hawley that she is too "lenient" in sentencing child pornography cases.

"As a mother and a judge who has had to deal with these cases, I was thinking nothing could be further from the truth," Jackson said to the Senate Judiciary Committee Tuesday.

"These are some of the most difficult cases that a judge has to deal with because we're talking about pictures of sex abuse of children," she continued. "We're talking about graphic descriptions that judges have to read and consider when they decide how to sentence in these cases."

"And there's a statue that tells judges what they're supposed to do. Congress has decided what it is that a judge has to do in this and any other case when they sentence and that statue says... calculate the guidelines but also look at various aspects of this offense and impose a sentence that is "sufficient," but not greater than necessary to promote the purposes of punishment."

"It's important to me to make sure that the children's perspective, the children's voices are represented in my sentences," she said. "I understand how significant, how damaging, how horrible this crime is."

Jackson Supporters Rally Near U.S. Capitol

Supporters of Supreme Court nominee Ketanji Brown Jackson gathered near the U.S. Capitol Tuesday for a rally. Activists lined along Maryland Avenue NE with signs and banners urging Jackson's confirmation to the nation's highest court.

The Center for Popular Democracy organized Tuesday's rally, Getty reports. Senate Majority Leader Chuck Schumer also met with members of the National Black Law Students Association in attendance on Tuesday.

Jackson rally
Activists rally in support of Supreme Court nominee Judge Ketanji Brown Jackson on Maryland Avenue NE near the U.S. Capitol on March 22. Drew Angerer/Getty Images
Jackson rally
WASHINGTON, DC - MARCH 22: Activists rally in support of Supreme Court nominee Judge Ketanji Brown Jackson on Maryland Avenue NE near the U.S. Capitol on March 22. Drew Angerer/Getty Images
Jackson rally
Activists rally in support of Supreme Court nominee Judge Ketanji Brown Jackson on Maryland Avenue NE near the U.S. Capitol on March 22. Drew Angerer/Getty Images
Jackson rally
Senate Majority Leader Chuck Schumer, D-N.Y., meets members of the National Black Law Students Association in support of Supreme Court nominee Ketanji Brown Jackson on Capitol Hill on March 22. Jose Luis Magana/AP Photo

Jackson 'Reluctant' to Label Her Judicial Philosophy

Throughout the hearing, Jackson has avoided categorizing her specific judicial philosophy.

When asked if Jackson has a Supreme Court Justice after which she has molded her philosophy, she said she does not.

"What I have is a record of 570-plus cases when I employed my methodology showing how I analyzed cases," she said, reiterating her commitment to a neutral posture.

She said she does not interpret the facts of a case consistent to what she believes the outcome should be, but rather tries to assess what it is the parties who wrote the text intended.

"As a result, I am reluctant to adopt a particular label," she said, adding how one interprets the law is only one part of the judge's responsibility.

She believes the Constitution is "fixed in its meaning" and said she looks at the original intention of the statute at the time it was written, the original public meaning of the words in context and within the Constitution and the precedent in the court system.

Jackson also said her methodology is not entirely captured in originalism, especially when dealing with cases of "unlawful search and seizure" and "due process" in a modern context.

Often in those cases, "looking at words is not enough to know what [the writers of the Constitution] mean," she said.

Earlier in the hearing, Jackson was asked about Justice Breyer's meaning when he said the Constitution should be interpreted in a way that works for the people of today.

She said justices can be both "pragmatic and objective and respect history," as evident in recent SCOTUS rulings dealing with modern technology that did not exist at the time of the nation's founding.

For example, Jackson mentioned how the court was asked to determine if police searching cellphones without a warrant is a violation of the fourth amendment.

She said the court looked back at a time of the nation's founding, determined the reasonable expectation of privacy related to the Constitution and assessed what that meant back then and used that principle to decide that a cellphone is as private as someone's home and was, in fact, a violation of the Fourth Amendment.

Abortion Rulings are 'Settled Law,' Jackson Says

Judge Ketanji Brown major abortion Supreme Court cases are "settled law."

"I do agree with both Justice [Brett] Kavanaugh and Justice [Amy Coney] Barrett on [Roe vs. Wade] and [Casey vs. Planned Parenthood] are the settled law of the Supreme Court concerning the right to terminate a woman's pregnancy," Jackson told Democratic Senator Dianne Feinstein of California. "They established a framework that the court has reaffirmed."

Jackson added that the two cases "established a framework that the court has reaffirmed and in order to revisit, as Justice Barrett said, the Supreme Court looks at various factors because stare decisis is a very important principle."

She said that the concept of stare decisis, or Supreme Court precedent, "provides and establishes predictability and stability" and serves as a "restraint in this way on the exercise of judicial authority because the court looks at whether or not precedents are relied upon, whether they're workable, in addition to whether or not they're wrong."

Jackson Defends Record on Child Porn Cases Sentencing

Senator Cruz said Jackson imposed sentences far below the federal guidelines

"Every single case when prosecutors came before you with child pornography case you sentenced defendants to substantially below, not only the federal guidelines, but what the prosecutors was asking," he said, referencing a large chart of her sentencing history.

"Do you believe the voice of the children were heard when 100 percent of the time you're sentencing those in possession of child pornography to far below what the prosecutors were asking for?" he asked.

Jackson said Cruz's chart does not include all the factors that Congress has told judges to consider.

"I take these cases very seriously as a mother, as someone who, as a judge, has to review the actual evidence in cases and based on Congress' requirements to take into account not only the sentencing guideline, not only the recommendation of the parties, but also things like stories of the victims, the nature and circumstance of the case and the history of the defendant," she said.

"Congress is the body that tells sentencing judges where they're supposed to look at. Congress said judges are not playing the numbers games. The judge is looking at all of these different factors and making a decision in the case based on a number different consideration.

"In this case, I did my duty to hold the defendants accountable in light of the evidence and information that was presented to me," she said.

Jackson added that the evidence in these cases is "egregious."

"The evidence in these cases is the among the worst that I have seen," she said. "And yet, as Congress directs, judges don't just calculate the guidelines and stop. They take into account personal circumstance of defendant, as required by Congress."

Sen. Cruz Presses Jackson on Critical Race Theory

Republican Senator Ted Cruz of Texas asked Jackson about about her knowledge of critical race theory (CRT).

Cruz pressed her on mentions on CRT and the 1619 Project in previous speeches.

Jackson said she understands CRT as an academic theory that studies the way in which race interacts with various institutions.

"It doesn't come up in my work as a judge," she said. "It's never something I've studied or relied on, and it wouldn't be something that I would rely on if I were on the Supreme Court."

Jackson said she mentioned CRT in a speech in the context of sentencing policy. She said the sentencing commission looks at several academic areas when looking at what sentencing should be, adding that her speech talked about a "laundry list" of academic areas that relate to sentencing police.

"None of that related to what I do as a judge," she said.

When asked if CRT is taught in K-12 schools, Jackson said she did not know, but believes it is taught at the law school level.

Cruz brought up her mention of "social justice" in the mission of the Georgetown Day School, a private school of which Jackson sits on the board.

Jackson said the school was founded during a time of racial segregation and that a Jewish and Black family established the private school to defy racial segregation laws. She said the ideas of equality and justice are at the core of GDS's mission and noted that every parent willingly joins the school community with the understanding that the community is designed to make sure every child is valued, treated as having inherent worth and not discriminated against based on race.

Cruz then brought out a stack of books and said the school is "filled and overflowing" with CRT, including books like "Antiracist Baby" by Ibram Kendi, to which Jackson replied board members do not determine the school's curriculum.

"I have not reviewed any of those books, any of those ideas," she said. "They don't come up in my work as a judge which I'm here to address."

She added that she does not "believe that any child should be made to feel as though they are racist or though they are not valued or though they are less than."

Jackson Says Public Opinion in Court is 'Crucial'

Judge Jackson said public confidence in the court is "crucial."

The court doesn't have anything else," she said. "[Public confidence] is key to our legitimacy in our democratic system."

She said she is honored to accept the nomination because "it means so much to other people."

"I am here standing on the shoulders of generations of Americans who never had anything close to this kind of opportunity," Jackson said, invoking her grandparents, who only had a grade school education, and her parents who were the first in their families to go to college.

"This nomination against that backdrop is significant to a lot of people," she added. "I hope it will bring confidence. I hope it will inspire people to understand our courts are like them, that our judges are like them, doing the work, being a part of our government. I think it's very important."

Durbin Says Jackson Did Not Call President Bush a 'War Criminal'

During the questioning earlier, Republican Senator John Cornyn of Texas asked Judge Jackson about claims she called former President George W. Bush and former Secretary of Defense Rumsfeld "war criminals" in an amicus brief.

"Why in the world would you call Secretary of Defense Rumsfeld and George W. Bush war criminals in a legal filing?" Cornyn asked. "Why would you do something like that? It seems so out of character."

Jackson responded that she "does not remember that particular reference."

She said she was making arguments to represent her clients.

"I did not intend to disparage the President or the Secretary of Defense," she said.

After retuning from a lunch break, Committee Chairman Durbin addressed this matter, saying that Jackson did not call Bush nor Rumsfeld war criminals.

In an amicus brief, Durbin said Jackson was "advocating on behalf of individuals who argued they were civilians wrongly classified as enemy combatants of the U.S."

Amid the dozens of claims for relief, Durbin said Jackson noted an allegation that the U.S. government sanctioned torture against her clients, which would have constituted as a war crime.

"So to be clear, there was no time where you called President Bush or Secretary Rumsfeld a 'war criminal.'"

Sen. Whitehouse Discusses "Dark Money" Influencing SCOTUS Appointments

Democratic Senator Sheldon Whitehouse of Rhode Island used his time during the hearing to expose "dark money" that influences Supreme Court appointments.

"I'll be the first to concede that there is dark money on both sides," he said. "But there is a difference I believe between a dark money interest rooting for someone and right-wing dark money interested having a role in actually picking the last three Supreme Court justices."

He held up several posters detailing the influence of the Federalist Society and the Judicial Crisis Network and the role of money in picking SCOTUS nominees.

"Since our friends on the Republican side have made 'dark money' such a big focus of their attention already, there is a drastic difference between rooting for somebody and controlling the turnstile that decides who gets on the court, controlling the funding of the political campaigns of the folks who pursue those on the court," he said.

Jackson Says Experience as Public Defender is an 'Asset'

Jackson said her experience in the courtroom is an "asset" for her as a judge because she was able to understand the ways the criminal justice system works and was able to better interact with defendants.

Being a public defender helped her develop a sense of the need to communicate directly with defendants, she said, which never changed the outcome of the cases when she was a trial judge.

She said when she was an appellate defender, she discovered many people who go through the criminal justice system don't really understand it.

"When people go through the criminal justice system and don't have a good understanding, they tend to not take responsibility for their own actions," she said.

Jackson said these people are often bitter and feel wronged by the system.

"Rather than reflecting on the fact that this is the consequence that they have to face for actually committing a crime, instead of doing the work to rehabilitate themselves, they're focusing on how wronged they are, how victimized they are," she added.

Therefore, as a trial judge, Jackson said she made sure everybody in the courtroom, especially the defendant, understood what was happening.

"When I sentenced a defendant, I made clear in every case, 'Here is the problem. This is what you've done. Here is the damage to our society,'" she said. "And I don't know that I would have done that if I had not been a criminal defense lawyer."

Senators Graham, Durbin Argue During Hearing

During the questioning of Judge Jackson, Senators Lindsay Graham and Dick Durbin got into a heated exchange about figures related to prisoners released from Guantanamo Bay.

When questioning Jackson, Graham said the recidivism rate, the rate by which a convicted criminal will repeat criminal behavior, at Guantanamo Bay is 31 percent. Both Graham and Jackson agreed that figure was "terrible."

He said 229 out of the 729 detainees released have "gone back to the fight," including one prisoner who was appointed the defense minister of Afghanistan under the Taliban transitional government.

Graham also brought up briefs Jackson wrote making an argument about how long people should be held at Guantanamo Bay. Jackson said she was hired to make that argument on behalf of her client and her client's beliefs.

While he doesn't hold Jackson's experience as a public defender for these detainees against her, Graham said the system in terms of released people needs to been looked at.

"If released detainees are back in the Taliban government, we went wrong somewhere," he said.

After Graham finished his questioning, Committee Chairman Durbin tried to fact-check Graham on Guantanamo Bay policies.

Durbin said there are currently 39 detainees remaining in Guantanamo Bay, where the annual budge $540 million a year. He said this means each prisoner is being held for about $12 or 13 million each. If they were moved to a supermax prison in Florence, Colorado, Durbin said the amount would be dramatically less.

He added that the recidivism rate of detainees released since 2009 is five percent.

Graham chimed in, saying the rate was 31 percent.

"It doesn't matter what year it goes back to, we had 'em and they got loose and they started killing people," Graham said. "If you were one of the people killed in 2005 does it matter to you when they were released?"

Durbin said he was "just going by the facts," adding that a Republican president released those detainees.

"I'm suggesting the system has failed miserably and advocates to change the system would destroy our country," Graham said. "As long as they are dangerous, I hope they all die in jail if they're going to go back and kill Americans."

Graham said it wouldn't bother him "one bit" of all 39 of the remaining detainees die in prison.

"That's better outcome than letting them go," he said.

"If it costs $500 million to keep them in jail, keep them in jail, because they're going to go back to the fight," he continued. "Look at the friggin' Afghan government, it's made up of former detainees at Gitmo. This whole thing by the left about this war ain't working."

Graham then walked off, out of the hearing room.

Jackson Reiterates Concern for Public Safety

Judge Ketanji Brown Jackson said she cares deeply about public safety.

"I know what it's like to have loved ones who go off to protect and to serve and the fear of not knowing whether or not they're going to come home again because of crime in the community."

She said her brother served in the U.S. armed forces and patrolled the streets of Baltimore, while her uncles were career law enforcement officials.

"The need for law enforcement is not an abstract concept or a political slogan to me," she said.

As a public defender, she said it was part of the U.S. legal system to ensure those accused of crimes are treated fairly.

"I care deeply about our constitution and the rights that make us free," she said. "As you say, criminal defense lawyers perform a service, and our system is exemplary throughout the world precisely because we ensure that people who are accused of crimes are treated fairly."

As a judge, she said holding people accountable under the law is essential.

"I know that in order for us to have a functioning society, we have to have people being held accountable for committing crimes, but we have to do so fairly, under our constitution," she said.

Sen. Graham Asks Jackson about Her Faith

Republican Senator Lindsay Graham of South Carolina asked Jackson about her faith.

Graham asked what she faith was and asked her "on a scale of 1 to 10, how faithful are you?"

Jackson said she was non-denominational protestant and said her faith is "faith very important," but was "reluctant" to talk about her faith in this setting because she wants the public to be confident, she can separate her personal from her professional.

Graham admits he is only bringing up this line of questioning because he is upset about a similar line of questioning Justice Amy Comey Barrett, Janice Rodgers Brown and Justice Samuel Alito faced during their hearing because they were religious conservatives.

"Imagine if people on late-night television called you an effing nut because you practiced the Catholic faith in a way they found uncomfortable," Graham said, referring to Barrett.

He said he felt it was "offensive" when senators asked Barrett about her faith and its ability to impact her decision-making as a judge. Graham said he has "zero doubt" Jackson has the ability to adjudicate cases fairly, regardless of her or the defendants' faith.

He promised Jackson would not face this type of interrogation and said there are "two standards going on" during these hearings.

"Our people deserve better respect," he added, referring to conservative nominees.

Jackson Calls Job as Public Defendant 'a Service'

When asked about her experience as a public defender for Guantanamo Bay detainees, Jackson said her job was "a service."

"Federal public defenders don't get to pick their clients," she said. "They have to represent whoever comes in. And it's a service. That's what you do as a federal public defender."

Jackson said public defenders are "standing up for the constitutional values of representation."

"The people who were being accused by our government of having engaged in actions related to this, under our constitutional scheme, were entitled to representation were entitled to be treated fairly," she said. "That's what makes our system the best in the world."

After the terrorist attacks on September 11, 2001, Jackson said the legal landscape was "uncertain" in terms of the executive authority to detain people.

The limits of executive authority were being examined by the Supreme Court at that time and "all of our liberty is at stake if we did not get it right," she said, adding that the SCOTUS ruled that the Constitution should not be suspended during a time on emergency.

She said her role as a public defender for these detainees helped the court figure out what the scope of executive power should be in that circumstance and her job as a criminal defender was to argue on behalf of her client in alignment with the Constitution.

Soft on Crime Claims 'Could Not be Further from the Truth,' Jackson Says

When asked about claims that she is lenient on child porn sentencing, Jackson said "nothing could be further from the truth."

Jackson said child pornography cases are "some of the most difficult cases that a judge has to deal with," as they must see disturbing images and read graphic descriptions of criminal sex acts committed against children.

In debunking claims that she is soft of child sex crimes, Jackson said the sentences she delivered in such cases were "sufficient but not greater than necessary to promote the purposes of punishment."

She said she includes the perspective of victims when delivering sentences to ensure the defendant understands the impact of the crime they committed.

"It is important to me to make sure that the children's perspectives, the children's voices, are represented in my sentences and what that means for every defendant who come before me," she said.

"I say to them there's only a market for this kind of material, because there are lookers, that you are contributing to child sex abuse," she added. "And then I impose a significant sentence."

Jackson gave examples of the impact these crimes had on victims, including some who could not have normal adult relationships, turned to prostitution or drugs and even developed agoraphobia.

She said the statute tells judges what they are supposed to do when sentencing.

"That statute doesn't say look only at the guidelines and stop, the statute doesn't say impose the highest possible penalty for this sickening and egregious crime," Jackson said. "The statute says calculate the guidelines, but also look at various aspects of this offense and impose a sentence that is, doesn't say impose the highest possible penalty for this sickening and egregious crime."

She said she imposes significant sentences and all of the additional restraint that are available in the law.

"These people are looking at 20, 30, 40 years of supervision," she said. "They can't use their computers in a normal way for decades. I am imposing all of those constraints because I understand how significant, how damaging, how horrible this crime is."

Jackson Won't Weigh in on Court Packing

Senator Durbin asked Judge Jackson about her view on court packing.

Jackson said she agreed with what Justice Amy Comey Barrett said when asked the same question at her hearing.

Jackson said judges should not speak on political issues, including the question of expanding the court.

"My north star is the consideration of the proper role of a judge in our Constitutional scheme," she said. "And in my view, judges should not be speaking into political issues and certainly not a nominee for a position on the Supreme Court."

Jackson Outlines Her Judicial Philosophy

Committee Chairman Senator Dick Durbin began the questioning inquiring about Jackson's judicial philosophy.

Jackson said there is a methodology to ensure she is ruling impartially and adhering to the limits of her judicial authority.

"I am acutely aware that as a judge in our system I have limited power and I am trying in every case to stay in my lane," she said.

Jackson said she has three steps when hearing a case.

When evaluating a case, Jackson said she first ensures she is proceeding from a position of neutrality by clearing her mind of preconceived notions and personal views.

Once Jackson has "cleared the deck," she said she is ready to receive input from the case, including listening to party arguments, hearings and reading briefs and amicus briefs.

She said her experience helps her see all side of the argument.

The third and final step, is the evaluation of the law based on facts of the case. This is where Jackson said she most observes the constraints of judicial authority.

If she has the power to hear the case, Jackson said she looks at the text of the law, precedent and the merits of the case.

"Adherence to text is a restraint on judicial authority," Jackson said, adding that she respects what the text of a statute means based on the people who wrote it, the original public meaning of the text and the history and practice at the time the document was created.

She also looks at Congress' purpose when they wrote the legislation to "understand the intent of those who created the law."

WATCH: Day 2 of Confirmation Hearing

The second day of the Senate Judiciary Committee Supreme Court confirmation hearing will begin soon.

Tuesday marks the first day of questioning, where Senators will press Judge Ketanji Brown Jackson about her record and judicial philosophy.

NAACP Calls Jackson's Hearing 'One for the Ages'

Judge Ketanji Brown Jackson delivered a message of gratitude in her opening remarks Monday, as she shared a strong sense of American patriotism.

"The first of my many blessings is the fact that I was born in this great nation," she began, citing civil rights acts passed by Congress a few years prior.

"Like so many who had experienced lawful racial segregation firsthand, my parents left their hometown of Miami, Florida and came to Washington D.C., to experience new freedom," Jackson said. "My parents taught me that unlike the many barriers that they had to face growing up, my path was clearer. So that if I worked hard and I believed in myself in America, I could do anything or be anything I wanted to be."

Jackson's parents were at Monday's hearing, proudly watching their daughter as she delivered her opening remarks before the Senate Judiciary Committee. Jackson said her parents also taught her and her brother, a police officer, the importance of public service.

"One for the ages," NAACP tweeted. "Many of Judge Jackson's supporters, including us, call her even-handed and judicious. Her calm demeanor and patient smile that she has exhibited throughout this first day despite some hostile remarks from Senators is a compelling example of her judicial temperament."

Jackson Hopes to Carry on Justice Breyer's Spirit

Judge Ketanji Brown Jackson delivered her opening statement Monday following opening remarks by each member of the Senate Judiciary Committee.

"I am humbled and honored to be here," Jackson said. "I am also very thankful for the confidence that President Biden has placed in me."

Monday marked the fourth time Jackson has appeared before the Senate Judiciary Committee. Since her nomination last month, Jackson has met with each Committee member, separately.

Jackson was joined by several members of her family at Monday's hearing including her father who she credited for her interest in studying law. She also acknowledged her two daughters, Talia (21) and Leila (17), who were at the hearing.

"Girls, I know it has not been easy," Jackson said about balancing motherhood and a legal career. "I did not always get the balance right, but I hope you've seen with hard work, determination and love, it can be done."

If confirmed, Jackson would replace retiring Justice Stephen Breyer, who Jackson clerked for in 1999.

"I know I could never fill his [Breyer's] shoes," Jackson said. "If confirmed, I would hope to carry on his spirit."

She also spoke about her dedication to remaining independent and fair in her role as a judge.

"If confirmed, I will work productively to support and defend the constitution," she said. "I have been a judge for nearly a decade now and I take that responsibility and my duty to be independent very seriously. 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. I know my role as a judge is a limited one."

Judge Thomas Griffith, a former federal judge of the U.S. Court of Appeals for the D.C. Circuit, and University of Pennsylvania Carey Law School professor Lisa Fairfax introduced Jackson. Fairfax and Jackson met in their early college days and became roommates.

"Those first moments when you wonder if you belong... she's the friend who made sure you did," Fairfax said.

A Look Inside Jackson's Life and Career

Judge Ketanji Brown Jackson was nominated by President Joe Biden to serve as a justice on the U.S. Supreme Court in February of 2022.

Jackson has served on the U.S. Court of Appeals for the D.C. Circuit since June of 2021. President Barack Obama nominated Jackson to the U.S. District Court for the District of Columbia in 2012. She also served as a commissioner on the U.S. Sentencing Commission.

Jackson was in private practice before serving as an Assistant Federal Public Defender in Washington, D.C.

Ketanji Brown Jackson at Monday hearing
Supreme Court nominee Judge Ketanji Brown Jackson listens during her confirmation hearing before the Senate Judiciary Committee Monday on March 21. Carolyn Kaster/AP Photo

The 51-year-old began her legal career with three clerkships, including under Justice Stephen Breyer between 1999 and 2000, who she's now poised to replace.

Jackson was born in Washington D.C. and raised in Miami, Florida. She earned her law degree from Harvard University. She is married to Patrick Jackson, a surgeon. The two met at Harvard, the Miami Herald reports. The couple has two daughters, Talia (21) and Leila (17).

Jackson's daughters at hearing
Supreme Court nominee Judge Ketanji Brown Jackson walks past her daughters, Leila, center, and Talia, during a break in her confirmation hearing before the Senate Judiciary Committee on March 21. Jacquelyn Martin/AP Photo

Sen. Hawley Addresses Jackson's Rulings on Child Predators

Senator Josh Hawley raised concerns of Judge Ketanji Brown Jackson's "lenient" sentencing in child pornography cases during his opening remarks.

Hawley referenced seven cases he believed Jackson's rulings were too soft on child predators. He has previously called her record on such cases "alarming."

"What concerns me is that in every case, in each of these seven, Judge Jackson handed down a lenient sentence that was below what the federal guidelines recommended and below what prosecutors requested," Hawley said Monday. "I think there's a lot to talk about there."

Hawley said he raised the concerns now, so Jackson is able to respond in the coming days during questioning.

"Some have asked why did I raise these questions ahead of the hearing, why not wait and spring them on Judge Jackson as it were," he continued. "My answer to that is very simple: I'm not interested in trapping Judge Jackson, I'm not interesting in trying to play gotcha. I'm interested in her answers."

Jackson Is a 'Brilliant Legal Mind,' Biden Says

President Joe Biden said Ketanji Brown Jackson will make an "exceptional justice," as his nominee to the Supreme Court prepared to deliver her opening statement Monday.

"As Judge Jackson begins her Supreme Court confirmation hearings this week, I look forward to the Senate and country seeing how incredibly qualified she is for the job," Biden tweeted Monday afternoon. "She's a brilliant legal mind with the utmost character and integrity. I know she'll make an exceptional Justice."

Biden named Jackson as his Supreme Court nominee in February to replace retiring Justice Stephen Breyer.

Senate Judiciary Committee Takes Lunch Break

The Senate Judiciary Committee took a 30 minute lunch break. The committee reconvened just after 2:00 p.m. EST.

Sen. Cruz Condemns Democrats' Conduct in Previous Hearings

Republican Senators serving on the Senate Judiciary Committee continued to condemn Democrats' handling of past Supreme Court nomination hearings, during the first day of confirmation hearings for nominee Ketanji Brown Jackson.

Republican Senator Ted Cruz followed Senator Lindsey Graham in slamming behavior during Justice Brett Kavanaugh's confirmation hearings in 2018, which he called "one of the lowest moments" in the Senate Judiciary Committee's history.

"Your hearing will feature none of that disgraceful behavior," Cruz said to Jackson during his opening remarks. "No one is going to inquire into your teenage dating habits," referencing to sexual assault allegations against Kavanaugh. [Or ask] "do you like beer."

Cruz continued to reference Democrats' handling of previous Supreme Court nominees Clarence Thomas and Robert Bork in 1991 and 1987, respectively. Cruz told Jackson that her hearings will focus on her record and questioning will focus on ascertaining "what kind of justice" she would be.

"It is no longer the case that Supreme Court confirmation hearings are merely about qualifications... our Democratic colleagues have abandoned that standard long ago," Cruz said.

Jackson Supporters Rally Outside Supreme Court

Supporters of Judge Ketanji Brown Jackson rallied outside of the Supreme Court Monday morning, as confirmation hearings began for the Supreme Court nominee.

Several women-led groups gathered with signs and "KBJ" letters to express support for President Joe Biden's pick for the nation's highest court.

"Excited to join... in celebration of Judge Ketanji Brown Jackson's historic nomination to SCOTUS!" Let America Vote said. "We're calling on the Senate to move quickly and without interruption on her confirmation. Throughout her career, Judge Jackson has earned broad, bipartisan support, demonstrating her firm commitment to fairness and equal justice for all."

 Jackson rally outside SCOTUS
Supporters of the confirmation of Judge Ketanji Brown Jackson rally outside of the Supreme Court on Capitol Hill in Washington on March 21. Jose Luis Magana/AP Photo

The National Women's Law Center was among the organizations at Monday's rally. Several speakers explained the historic significance and importance of Jackson's nomination.

"It is personal when she takes her seat and we get to watch her break that glass ceiling," National Women's Law Center President and CEO Fatima Goss Graves said.

A group of Southern University Law Center students also traveled from Baton Rouge, Louisiana to Washington, D.C. for the rally.

Jackson rally
Law students from Southern University Law Center traveled from Baton Rouge, LA, to support Judge Ketanji Brown Jackson at a rally outside the U.S. Capitol on March 21. Samuel Corum/Getty Images
Jackson rally
Law students from Southern University Law Center traveled from Baton Rouge, LA, to support Judge Ketanji Brown Jackson at a rally outside the U.S. Capitol. Samuel Corum/Getty Images

Sen. Graham Says Hearings Won't Be 'Kavanaugh'

Senator Lindsey Graham's said this week's confirmation hearings for Supreme Court Justice nominee Ketanji Brown Jackson will not be "like Kavanaugh."

Graham spent a large portion of his opening remarks Monday referencing the contentious series of hearings for Supreme Court Justice Brett Kavanaugh in 2018. He said Jackson won't face "constant attack" like Kavanaugh.

"Most of us couldn't go back to our offices during Kavanaugh without getting spit on," Graham said. "Hope that doesn't happen to y'all, I don't think it will."

It means... "none of us, I hope, have been sitting on information about you as a person for weeks or months," Graham said. "You come into our offices and we never share it with you to allow you to give your side of the story. We wait 'til the very last minute when the hearing's about to be gaveled and concluded and say, 'oh by the way I got this letter' and so happened that every media outlet in the country had the letter too."

"So the next morning, there were headlines all over the country, really, accusing Judge Kavanaugh of being basically Bill Cosby. None of us are going to do that to you. And if any of us does that to you, all hell will break out, and it should."

Graham said hearings will be "challenging" and "informative," focused on Jackson's judicial philosophy.

"I want to know about your judicial philosophy because people on the left, the far extreme part of the left, believe that you were the best bet," he said. "And I want to know why they reached that conclusion."

Sen. Durbin Calls Today 'Proud Day for America'

Monday's confirmation hearings began with opening remarks from Senate Judiciary Committee Chairman Dick Durbin, who called Monday a "proud day for America."

"Not a single justice has been a black woman," Durbin said, "You, Judge Jackson, can be the first. It's not easy being the first. Often you have to be the best and in some ways the bravest. Your presence here today... will give inspiration to millions of Americans who see themselves in you."

In a brief history of the nation's highest court, Durbin reflected on the nearly 700,000 slaves in the U.S. when the Supreme Court first met in 1790.

"There was no equal justice under the law for the majority of people living in America," he said. "We have come a long way since 1790."

Ranking member Senator Chuck Grassley followed Durbin's remarks, promising a "thorough and exhaustive" examination of Judge Jackson's record and views.

What to expect:

Confirmation hearings will continue for four days, ending on March 24.

Committee members will deliver statements on Monday, followed by an opening statement from Judge Jackson.

Committee members will then question Judge Jackson on Tuesday, each member is allotted up to 30 minutes.

A second round of questioning will continue on Wednesday, each member will be given up to 20 minutes. The Committee will meet in a closed session to discuss Jackson's FBI background investigation. "The Committee does this for every Supreme Court nominee, regardless of whether the background investigation has raised concerns," the Committee writes.

Thursday marks the fourth and final day of hearings. The American Bar Association and "outside" witnesses will deliver testimony.

WATCH: SCOTUS Confirmation Hearings

The Senate Judiciary Committee begins the first day of confirmation hearings for Ketanji Brown Jackson on Monday, the federal judge chosen by President Joe Biden to serve on the U.S. Supreme Court.

Jackson is expected to deliver an opening statement Monday, the first of four days of hearings. The Senate Judiciary Committee will then question Jackson over the next two days.

The hearings are scheduled to begin at 11 a.m. EST, watch live here.

Kentanji Brown Jackson
President Joe Biden on Friday confirmed that he was nominating Judge Ketanji Brown Jackson to serve on the Supreme Court. Above, Jackson is sworn in to testify before a Senate Judiciary Committee hearing after she... Kevin Lamarque-Pool/Getty Images

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About the writer

Alex is a Newsweek editor based in New York City. She previously worked as a TV news anchor, reporter and producer across the West Coast, most recently for the CBS affiliate in Las Vegas. Email: a.backus@newsweek.com

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Lauren Giella is a Senior Reporter based in New York. She reports on Newsweek's rankings content, focusing on workplace culture, health care and sustainability, profiling business leaders and reporting on industry trends. Lauren joined Newsweek in 2021 and previously covered live and breaking news, national news and politics and high school debate on the Mightier Hub. She is a graduate of the University of Southern California. You can get in touch with Lauren by emailing l.giella@newsweek.com

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Alex is a Newsweek editor based in New York City. She previously worked as a TV news anchor, reporter and ... Read more