Senate On Track to Confirm Jackson by April

Senate Majority Leader Chuck Schumer of New York said the Senate is on track of confirm Judge Ketanji Brown Jackson before April break.

"There is not a shred of doubt in my mind that she merits confirmation to the Supreme Court of the United States," he said on the Senate floor.

He criticized the few Republican members who tried to "smear" Jackson with "demeaning and downright false accusations." But he said Jackson remained "poised, thoughtful and strong" in her answers.

Senate Judiciary Committee Chairman Dick Durbin said the Committee will meet Monday to begin the process of reporting the confirmation hearing out of committee. Once the Committee finishes its work, Schumer said he will move to have Jackson's confirmation come to the Senate floor "in short order."

"The Senate is on track to have Judge Jackson confirmed as Justice Jackson by the end of this work period," he said.

The Senate will break for Easter on April 8.

Schumer also commending Jackson's for her "excellent" testimony this week.

"Judge Jackson erased any doubt she is brilliant, she is beloved and she unquestionable belongs on the Supreme Court of the United States," he said.

The Hearing Has Ended

Senate Judiciary Committee Chairman Senator Dick Durbin has adjourned the hearing.

The record will remain open until Friday for the submission of any other statements, letters or other materials, Durbin said.

Hawley Asks Alabama AG About Sentencing Recommendations

Republican Senator Josh Hawley of Missouri asked Alabama Attorney General Steve Marshall about sentencing recommendations to judges in child pornography cases.

Marshall said he makes those recommendations based on a desire to keep people safe.

Hawley asked that if he be worried about the effect on endangering others if a judge went below that recommendation.

Marshall agreed and said such an action would send a message to the community that the courts are not willing to hold people accountable for their crimes.

He added that the courts should deter harmful conduct and protect children.

"Judges must do justice for kids," he said. "It is up to the court to speak on their behalf," adding that the court is the ultimate voice for the voiceless.

Hawley added that he wished Jackson shared that belief.

Durbin Refuses to Release Pre-Sentencing Reports

Republican Senator Masha Blackburn of Tennessee again asked Chairman Durbin is the committee will see the pre-sentencing reports from the child pornography cases over which Judge Jackson presided.

Durbin refused to unseal the reports after he said he consulted with prosecutors and victims' rights groups about Republicans' request.

He said he doesn't want to risk children being revictimized by the release of the sensitive information in those reports.

"I will not be party to it. I do not want it on my conscience," Durbin said.

Blackburn said no one on the committee wants to cause harm children, but that they want to view them in a classified setting in order to do their "due diligence."

Durbin clarified that the White House nor any Democrat on the Committee has seen or has access to the reports.

"I can't see them. I don't want to see them. And I want to make that clear," he said.

Senator Chris Coons chimed in, saying that those reports were not written by or about Judge Jackson and were sealed by court action.

Senator Cory Booker reiterated that seeing the full reports would not change anyone's opinion and does not align with precedent of the Committee. He added that the danger of impeding on privacy would not outweigh any opportunity for more clarity

"This information should never be released to politicians, in my opinion," he said.

Jackson to be Confirmed 'Not Because She is Black, but Because She is Qualified'

Representative Beatty thanked Democratic Senator Cory Booker of New Jersey for his "emotional" and "heartfelt" speech during the hearing Wednesday.

She said he not only spoke to Black America, but to America, on how valuable Judge Jackson's confirmation to the Supreme Court would be, noting that it would make the Court look liked what America looks like.

Beatty also emphasized how qualified Jackson is.

"We are going to confirm a black woman not because she is black, but because she is qualified," she said, adding that Jackson is more qualified than most who have come through the hearing room.

She added that the Black Caucus endorses Jackson "100 percent."

When Republican Senator Thom Tillis of North Carolina began his questioning, he responded to Beatty's words, saying the Republicans on the committee believe Jackson is "highly qualified" and only dispute her application of judicial philosophy.

Sen. Whitehouse Pivots to January 6

During the questioning of the witnesses, Democratic Senator Sheldon Whitehouse turned the attention to the January 6 riots at the Capitol.

Whitehouse grilled Alabama Attorney General Steve Marshall about where he was on Jan. 6 and his role in organizing the events of that day and attempts to overturn the 2020 presidential election.

Marshall said he denounced the violence on Jan 6.

Whitehouse also asked if he recognized Joe Biden as the "duly elected and lawfully serving" president of the United States.

Marshall said Biden is the president of the United States but would not say more when Whitehouse pressed him on why he would not include "duly elected."

Witnesses Give Opening Statements

The witnesses called on by Republicans and Democrats gave opening statements before the Senate Judiciary Committee.

Representative Joyce Beatty, the chair of the Black Congressional Caucus

Beatty lauded the historic nature of Judge Jackson's nomination.

"For over two centuries since our country's founding, the court consisted exclusively of white men," she said. "Of the 115 justices, 108 have been white men. Judge Jackson would be only the sixth woman and first black woman to serve on our nation's highest court."

Beatty added that as a Black woman, "I urge this body to remember Judge Jackson's confirmation vote must not be isolated to her gender or race. Instead, I urge you to closely examine her credentials and sterling judiciary record."

Alabama Attorney General Steve Marshall

Marshall said her nomination raises concern about criminal justice in the United States. He reference a "wave of lawlessness" sweeping the country in the last few years

"I am here for an experience of dedicated prosecutors that are concerned about the direction our country is headed as it relates to law and order," he said.

He called on the Senate to "do its due diligence to ensure that the ideology of the anti-incarceration and anti-police movement that the Biden administration has increasingly embraced is never permitted to make its way onto our Supreme Court."

Risa Goluboff, the Dean of the University of Virginia School of Law

Dean Goluboff also clerked for Justice Breyer.

She said Jackson is committed to precedent, reasoning with common sense and humanity and adherence to rule of law. She noted similarities between Jackson and Breyer, believing she will keeps Breyer's values if confirmed to the court.

"The Supreme Court nomination will benefit enormously from the keen intelligence and impeccable integrity, broad experience, and intellectual open-mindedness of a Justice Jackson," she said.

Jennifer Mascott, a professor at George Mason Law School

Mascott, a former Kavanaugh law clerk, spoke about how judges evaluate the constitution.

She questioned Judge Jackson's judicial philosophy, or lack there of, and casted concern over Jackson's hesitancy to publicly declare a philosophy.

Wade Henderson, President and CEO of the Leadership Conference on Civil & Human Rights

Henderson said Jackson is an "exceptionally qualified nominee" whose presence on the court will "matter tremendously" for representation on the court.

"We know that a more racially diverse court includes the perspectives of communities who have been traditionally excluded from seats of power, and that judges from different demographic and legal backgrounds infuse more viewpoints into their deliberations," he said.

Eleanor McCullen, plaintiff in case about buffer zones around abortion clinics

McCullen is an anti-abortion advocate who calls herself a "sidewalk councilor" who wait outside abortion clinics to persuade women to not terminate their pregnancies.

She advocated about her work and discussed how she and other councilors were mischaracterized by Judge Jackson during the McCullen v Coakley case, a free speech case that challenged buffer zones outside abortion clinics in Massachusetts.

Richard Rosenthal, a "life-long" friend of Jackson

Rosenthal has known Judge Brown since high school. He spoke about her character and achievements early in her life.

He said Jackson was "universally loved and admired by everyone" and described her as brilliant, ambitious, kind and humble.

"Members of the senate, by confirming this extraordinary woman to a seat on the Supreme Court, you will honor everything that is good and right about America," he said. "For the good of our country and the good in our country, I hope that you will."

Keisha Russell, of the First Liberty Institute

Russell spoke about critical race theory and how she believe it will impact her as a judge.

She pointed out CRT's "erroneous" statements and suggested that if Jackson follows the ideals of CRT. Russell said this adherence to the CRT philosophy will hinder Jackson's ability to uphold the constitution and apply the law in a fair, just way because she believes racism is systematic and that the law is inherently flawed.

Captain Frederick Thomas, National President of the National Organization of Black Law Enforcement Executives (NOBLE)

Captain Thomas spoke to Jackson's support from the law enforcement community. He said she applies the law fairly and based on the facts of the case.

"Throughout her career, Judge Jackson has demonstrated deep knowledge and respect for law," Thomas said.

Alessandra Serano, of Operation Underground Railroad

Serano spoke about the atrocities of child pornography crimes and the importance of holding abusers accountable.

She argued Jackson has been part of a broader trend of judges who give lenient sentencing in such crimes.

List of Witnesses to Testify to Committee

The Senate Judicial Committee will hear from witnesses called on by the majority and minority to testify for or against Judge Ketanji Brown Jackson's nomination.

Witnesses from the Democrats include:

• Representative Joyce Beatty, the chair of the Black Congressional Caucus
• Risa Goluboff, Dean of the University of Virginia School of Law
• Wade Henderson, President and CEO of the Leadership Conference on Civil & Human Rights
• Richard Rosenthal, a "life-long" friend of Jackson
• Captain Frederick Thomas, National President, National Organization of Black Law Enforcement Executives (NOBLE)

Witnesses from the Republicans include:

• Alabama Attorney General Steve Marshall
• Jennifer Mascott, a professor at George Mason Law School
• Keisha Russell from the First Liberty Institute, a nonprofit that advocates for religious freedoms
• Eleanor McCullen, the plaintiff in case about buffer zones around abortion clinics
• Alessandra Serano, from Operation Underground Railroad, a nonprofit organization to help victims of human trafficking and child exploitation

After each witness provides an opening statement, the Committee will have the change to ask questions.

ABA Committee 'Cast a Wide Net'

The committee said it did not focus on judicial philosophy when evaluating Judge Jackson.

"Instead, we focus on criteria that people do understand," Veta said. "That is because the nominee has the requisite integrity, and judicial temperament."

Williams added that the committee "cast a wide net" and was satisfied that they covered everything.

She said that there is "no question" that there is anything the committee missed during their evaluation, adding that the investigation was comprehensive and asked "probing" questions.

None of the allegations made against Jackson "panned out," Veta said.

"We got that she meets the criteria that she is well-qualified," she added.

Senator Amy Klobuchar of Minnesota asked if there is anything in Judge Jackson's record that " will make you believe she will be anything but an impartial, evenhanded justice."

"There is nothing that has come to our attention to change our 'Well Qualified' rating," Williams said.

Witnesses Say They 'Stand Alone' From ABA

Republican Senator John Cornyn of Texas began his question by expressing his discontent with the "public advocacy" of the American Bar Association.

"I have been troubled by some of the public advocacy of the American Bar Association on behalf of the legal profession that did not represent my views," he said.

Cornyn asked if people should understand the ABA's role when it comes to speaking to these matters and asked if the ABA is a public advocacy association.

"If so, people should be able to understand that some of the opinions you render in terms of judicial qualification should be understood in a larger context," he asked.

Williams said the standing committee only handles ranking nominees, which she said has nothing to do with the ABA.

"We stand alone," she said. "We don't stand for the American Bar Association or any of its policies."

Veta said the committee is "separate and apart from the rest of the ABA." She said they were appointed by the president of the ABA but that is the "only substantive interaction we have with the ABA."

Cornyn also brought up child porn sentencing record, noting that the ABA committee was limited to reviewing 240 of Jackson's opinions and did not review pre-sentencing reports.

"The published opinions that people view, we felt were more important to review," Williams said.

Drayton said reviewing the public records and speaking with those who worked on those cases with Jackson were sufficient.

ABA Says Jackson is 'Unbiased'

The American Bar Association witnesses said Jackson's sentencing history in child pornography cases never came up during the interviews.

"We did speak to various prosecutors, the majority of them in child porn cases, none of them felt she demonstrated bias in any way," Drayton said.

Committee Chairman Dick Durbin, referencing what Republican Senators said, asked if Jackson's sentencing ever "endangered children." Drayton said there was no evidence of that.

Durbin also brought up Republican concerns that Jackson is "outside of the mainstream."

"Would such an assertion have arisen during the course of your questioning, people able to observe whether they felt on a professional level there was any truth at all to the charge?" he asked.

Veta said the committee "heard consistently from not only defense counsel but prosecutors how unbiased Judge Jackson is."

Ranking Member Senator Chuck Grassley, a Republican from Iowa, asked if it is the ABA's policy to "keep confidential the names of the people interviewed, as well as material dealing with analysis of nominees."

Williams said the names are kept confidential.

"The heart of it and the reason is because we want candid, honest statements from those who are interviewed," she said, adding that if those they interviewed knew their names would be public, "no one would answer our calls."

Grassley then asked about the justification for this practice.

Williams said the evaluators take what she said is "almost like a sacred oath"

She said they promised "to conduct nonpartisan questioning, to get to the bottom line, to make sure individuals are able to be free to answer the questions that we pose."

American Bar Association to Provide Assessment of Jackson

Witnesses from the American Bar Association began the fourth day of the hearing.

Former 7th Circuit Judge Ann Claire Williams, D. Jean Veta, who represents the D.C. Circuit, and Richard Drayton, who represents the federal circuit, will provide the ABA assessment of Judge Jackson.

Williams said the ABA standing committee provides an independent, nonpartisan evaluation of judges that are not based on judicial philosophy or ideology.

She said the committee talked to more than 250 lawyers and judges from across the country at every level of the court who worked with Jackson directly. They all gave Judge Jackson "the highest praise."

"To get that well-qualified rating, a nominee much be a preeminent member of the legal profession, have outstanding legal ability, have exceptional breath of experience," Williams said.

Williams describes Jackson as "humble, brilliant and consensus building" and said the ABA rated her "well qualified" to serve as an associate justice on the Supreme Court.

"The question we kept asking ourselves, how does one human being do so much, so extraordinarily well?" Williams said.

Veta said the ABA assessed Jackson based on three factors: Integrity, professional competence and judicial temperament."

The standing committee concluded that "Judge Jackson plainly possesses the highest integrity deserving of a well-qualified rating."

Veta said one person interviewed called Jackson's written opinions "a master class in legal writing."

"Various groups of judges, lawyers, administrators and legal scholars confirmed that Judge Jackson has the ability required by a Supreme Court nominee to communicate clearly and persuasively," Drayton said.

Veta added that no judge, prosecutor or defense counsel expressed any concern of bias and even rejected claims of bias or accusations that she is "soft on crime."

Other added that Jackson "considers all arguments before coming to a decision."

Fourth Day of Hearing to Begin Soon

The fourth and final day of Judge Ketanji Brown Jackson's Supreme Court confirmation hearing will begin soon.

Legal experts and outsides witnesses will testify in front of the Senate Judiciary Committee.

Republican Ask Committee Chair for Probationary Records

After Senator Hawley ended his questioning time, Senator Cruz asked to be recognized by the Committee to make a point to the Chair.

Cruz asked that a letter signed by 10 Senators on the Committee be entered into the record. The letter asks for probationary reports from Jackson's child pornography cases to Republicans.

"Just now Judge Jackson told Senator Hawley you cannot understand these cases without reading the probation reports," he said. "Ten senators are asking the Chairman to provide those reports so we can do what Judge Jackson just said, which is to assess those reports."

Cruz said the White House provided those crucial records only to Democratic senators on the committee

Durbin would not recognize Cruz and moved on to Senator Mazie Hirono of Hawaii.

Democratic Senator Patrick Leahy from Vermont jumped in, expressing his frustration with Cruz's conduct.

"I know the junior senator from Texas likes to get on television, but most of us have been here a long time trying to follow the rules," he said.

After Hirono finished her questioning, Ranking Member Grassley entered the letter into the record.

Durbin said the White House asked Judge Jackson to send the probation office reports. He said his office asked for the records after Senator Hawley brought up the issue.

"We didn't have this info earlier because we didn't know Senator Hawley would make his claims," he said.

When the Republican side asked for those records, Durbin said he shared it with them immediately.

"You have exactly what we have, no more, no less," Durbin said to Republicans.

He added the full report would not be made public because the reports are damaging to victims and innocent third-party victims.

"I do not want it weighing on my conscience that I gave the green light to release this information so that it might endanger the lives of innocent victims," he said. "I'm sorry. That is a bridge too far for me."

Republican Senator Lee said the information could be review in a confidential environment or view a redacted version of the reports. Durbin shot down the suggestion, saying pre-sentencing reports have "never been requested by this committee."

"I think this is a bridge too far for this committee," he said. "I don't believe this information is going to change anyone's vote."

Jackson Refuses to Speak More on Child Porn Sentencing

Republican Senator Josh Hawley of Missouri asked Jackson regrets sentencing a child pornography defendant to three months in prison, when the recommendation was much higher.

"What I regret is that in a hearing about my qualifications to be a justice on the Supreme Court, we've spent a lot of time focusing on this small subset of my sentences," she said, adding that she has "tried to explain."

Hawley continued to press Jackson on her reasoning for her sentencing decision.

"In every case, I am balancing the factors that Congress has determined are appropriate and required for a judge to make a determination," she said.

Jackson explained that she followed what Congress authorized her to do and ruled based on all the relevant factors.

"I am fully aware of the seriousness of this offense, and also my obligation to take into account all of the various aspects of the crime, as Congress has required me to do," she said.

Jackson said she has been asked about this many times and has nothing else to add.

"I've explained this many times and I'll stand on what I've already said," she said, adding that no one case can stand in for her entire career as a judge.

Support for Jackson's Confirmation Reaches 'Historic High'

Support for Judge Ketanji Brown Jackson's confirmation to the Supreme Court has reached "historic highs," the White House said.

According to a new poll from Gallup, 58 percent of Americans believe the Senate should vote in favor of Jackson serving on the Court. This figure is based on a poll taken March 1 to 18.

Gallup said the only SCOTUS Justice to have public support on par with Jackson is current Chief Justice John Robert. In 2005, 59 percent of Americans supported Roberts' nomination to the Supreme Court.

Jackson Pressed on Cancel Culture on Campuses

Republican Senator Ben Sasse of Nebraska asked Jackson about the "troubling pattern" of cancel culture on law school campuses.

Sasse asked Jackson, who went to Harvard undergraduate and law school, about attempts of law school to shut down speakers or faculty with whom they disagree.

"There is a tendency and response of students to self-censor rather than learn from each other," he said, which "robs students the opportunity to learn how to consider an alternate position and argue a different point of view of what they may have."

Sasse asked if law school students should "engage with ideas across the political spectrum" rather than "shun different ideas."

Jackson said in law school, students are trained to make arguments that they may not agree with because the court will want to hear from different perspectives.

"The essence of legal instruction is to have different arguments being made because that models what happens in the courtroom," she said.

Jackson added that "it is better in law schools to make sure there ideas from all perspectives and in order to have that happen they can't be suppressed."

Sasse asked if it was safe to assume Jackson is "against canceling people."

Jackson said she was trying to be careful, as some lawsuits dealing with free speech on campuses are working their way through the courts and may go before the Supreme Court.

However, she said it was "a fair assumption" that she and Sasse align on this issue.

Sen. Cruz, Chairman Durbin Battle Over Extra Time

While questioning Jackson on her sentencing record in child porn cases, Republican Senator Ted Cruz of Texas repeatedly interrupted the judge while she was responding.

Committee Chairman Durbin chimed in, asking Cruz if he will let Jackson respond.

"No, not if she's not going to answer my question," Cruz said. "If you want to filibuster, you can do it on your own time."

Jackson responded to Cruz that she never said she was not going to answer his question.

After Cruz continued to cut Jackson off, Durbin told the judge, "there's no point responding. He's going to interrupt you."

Cruz accused Durbin of interrupting and "filibustering."

"If you don't like your witnesses' answers, you're welcome to provide your own," he said, adding that Jackson is "declining to answer the question."

Durbin said he is asking Cruz to give Jackson a chance to finish her answer.

While Jackson attempted to answer the question that has been asked several times during the hearing, Cruz cut her off again.

Durbin banged his gavel, indicating Cruz was out of time.

Cruz fought back, saying Durbin had "taken over a minute" of his time.

Durbin allowed for a extra time and asked him to "follow the rules" that apply to all senators.

Cruz continued pressing Jackson but ran out of time before she could answer.

When Durbin tried to move on to the next senator, Cruz accused Durbin of being afraid of hearing Jackson's answer.

As Cruz continued, Durbin said he was no longer recognized.

"Will you allow her to answer the question?" Cruz asked. "Why do you not want the American people to know what happened in the Stewart case, or any of these cases?"

Durbin forcefully banged his gavel

Cruz kept pressing Jackson to answer the question, telling Durbin "you can bang it as loud as you want."

"At some point you have to follow the rules," Durbin told Cruz.

"Why are you afraid of her answer? Will you let her answer the question?" Cruz said.

As Democratic Senator Chris Coons of Delaware began, Cruz interrupted one last time.

"Apparently you are very afraid of the American people hearing the answer," Cruz said.

Sen. Graham Presses Jackson on Kavanaugh Hearings

During his line of questioning, Senator Lindsay Graham pressed Judge Jackson on her views on the 2018 confirmation hearing of Justice Brett Kavanaugh.

Jackson said she did not watch the hearings but was "generally" aware of what happened.

Graham then explained what happened.

"If she's confused about what happened, some people on the other side had an accusation against Judge Kavanaugh that during high school he sexually assaulted somebody," Graham said. "And the rest is history."

Graham said the accusation was known by Democrats but was not revealed during the meetings they had with Kavanaugh.

"He was ambushed," Graham said. "How would you feel if we did that to you?"

Jackson said each member of the committee has been kind to her, but Graham cut her off before she could finish her sentence.

"I don't have any comment on what procedures took place in this body regarding Justice Kavanaugh," she said, once given extra time to answer.

The Confirmation Hearing Has Resumed

The Senate Judiciary Committee has returned from a lunch.

The lunch ran longer than Chairman Durbin expected.

Republican Senator Ted Cruz of Texas is the first member up for questioning after the break.

Jackson Discusses the Need for Public Confidence in Courts

Judge Jackson said she tries to make her rulings "transparent," adding that transparency is key to "promoting confidence in the rule of law."

"People think the judicial branch is so secretive but, in fact, the judicial branch is the only one that has to...write their opinions and explain why they did what they did," she said.

In her rulings over her nearly 10-year career on the bench, Jackson said she explains all the inputs she considered with respect to the case, to lay out the law as she sees it in interpreting statute and other legal proceedings relevant to the case and explain her analysis.

"I hope people will be confident in my reasoning, even if they disagree, will understand what I think," she said. "I think that is important for public confidence in promoting the rule of law."

Committee Hearing Breaks for Lunch

The Senate Judiciary Committee has taken a lunch break.

After hearing from several senators, Chairman Dick Durbin hopes the second day of the confirmation hearing will last four and a half more hours to wrap up by 7 p.m.

Judge Jackson's Husband Sports Festive Socks During Hearing

As Judge Ketanji Brown Jackson fields hours of questions during her Supreme Court confirmation hearing, her husband sits in support right behind her.

Dr. Patrick Jackson has dawned special socks during the three days of hearings. The colorful socks have featured the faces of famous American men, including George Washington, John F. Kennedy and Benjamin Franklin.

Durbin: Congress is Partially at Fault for Child Porn Sentencing Issues

Senate Judiciary Committee Chairman Dick Durbin said Congress has failed in responding to the changing circumstances related to child pornography crimes.

He said Jackson is not an "outlier" in sentencing, noting that 70 percent of federal judges face the same dilemma.

"They wonder why Congress has failed to act and when it will act," he said.

Senator Lindsay Graham asked Durbin if the issue with sentencing in child pornography cases is "our fault."

"Partially, it is," Durbin responded. "To be honest with you, it is."

Sen. Graham Repeatedly Interrupts Jackson

Senator Graham continued to interrupt and cut off Judge Jackson while she attempted to respond to his inquiries into her sentencing in child pornography cases.

"When it comes to sentencing cases, do you routinely discount that a computer was used?" Graham asked.

"The guidelines related to child pornography were drafted at a time in which a computer was not used for the majority, if not almost all of these kinds of horrible crimes," she said.

Jackson said Congress has directed the courts to consider various means of achieving deterrence, including both incarceration and substantial periods of supervision.

Graham interrupted, asking if it is more of a deterrent to be supervised or to be put in jail.

Jackson said she is not saying this is a matter of more or less of deterrence.

"Congress has authorized courts to use a number of different means to achieve the purposes of punishment," she said.

Graham went over his allotted time and continued to interrupt Jackson. committee Chairman Durbin then gave Jackson more time to respond, during which, Graham continued to cut her off.

She said the point of the sentencing guidelines is the assist judges in what punishment to issue in cases. Between the range of punishments Congress has prescribed, Jackson said it provides a proportional punishment based on what that person has done.

The guidelines do not place everyone at the same level, she explained, and judges must compare what defendants have done and give proportional penalties.

At the times these guidelines were created, child porn crimes were committed through sending photos in the mail. Someone distributing 1,000 images was substantially worse than someone sending one or two images, Jackson said.

She said the sentencing systems, created by Congress, is a "rational one" designed to help judges to justice in terrible cases and ensure the most serious defendants get the longest period of time in jail.

"In comes the internet," she said, and "with one click you can receive, you can distribute tens of thousands. You can be doing this for 15 minutes and all of a sudden, you are looking at 30, 40, 50 years in prison."

"Good! Good! Absolutely! Good!" Graham interrupted once again.

Sen. Graham Asks Jackson About Fetuses, Illegal Immigrants

Republican Senator Lindsay Graham began his second round of questioning by complaining about how Democratic senators treated Janice Rodgers Brown, a conservative Black woman, during her nomination hearing.

He suggested that Democrats hailing Jackson's nomination as inspiring, and groundbreaking are hypocritical because they would not feel the same about a conservative woman.

"If you're a person of color, a woman supported by liberals it's pretty easy sailing," he said. "But if you're Miguel Estrada, Janice Rogers Brown, Amy Coney Barrett, on and on and on, your life gets turned upside down."

"You had nothing to do with that," he told Jackson. "I just want to remind you there was another woman of color ... that did not meet the same fate."

Graham then asked Jackson if illegal immigrants should vote and whether a fetus feels pain at 20 weeks.

Jackson said that under U.S. law, one has to be a citizen in order to vote. She also said she was not aware whether a fetus feels pain at 20 weeks.

Graham said that question "might come before you" and asked the Jackson "keep an open mind."

Jackson Outline Steps for Reconsidering Precedent

Senator Grassley asked Jackson if the Supreme Court should overturn a precedent if it is determined that the precedent was "wrongly decided."

Jackson said the Supreme Court considers several factors when deciding whether to overturn precedent.

One factor, she said, is if the Court agrees the precedent is "egregiously wrong."

But Jackson said the Court also considers reliance on the precedent, whether the precedent is "workable over time" and whether cases in the area of the precedent have shifted in such a way that "the precedent is no longer on a firm foundation."

The Court also determines if there are new facts or a new understanding of the facts that "gives rise to a need to revisit the precedent," she said.

"The Court does not just look at whether or not [the precedent] is wrong," Jackson added. "It is important that the Court takes into account all those factors" because "Stare Decisis is an important pillar to the rule of law."

Second Round of Questioning Underway

Committee Chairman Durbin began the second round of questioning.

Senators will have 20 minutes to ask Jackson questions, but Durbin encouraged his colleagues to yield back some of their time.

Durbin asked Jackson how the Supreme Court will rectify the language of the Constitution with modern times.

"How do you move from the language of 1789, 1790, to the reality of 21st century, and make sure it's relevant," he asked Jackson. "If more people are relying on Facebook and Twitter, for example, for information, than they are common sources of television and newspapers."

Jackson said the Constitution is a "foundational document" that establishes core principles that should govern our society.

"The challenges that you identify are the types of things that the Supreme Court is now dealing with," she said. "We have a foundational document that has text and it has principles. It establishes freedoms and foundational important concepts that are intended to govern us."

When faced with cases about technologies that "the founders could not have imagined," Jackson said the Court should look at the facts of the cases and the context and principles of the Constitution "in light of the times in which they were written, and analogizes to present day."

"It's a process of understanding what the core foundational principles are in the Constitution, as captured by the text, as originally intended," she said. "And then applying those principles to modern day."

Sen. Tillis Says Court Packing Will Erode Trust in SCOTUS

Republican Senator Thom Tillis of North Carolina began his questioning time to discuss dark money influence in Demand Justice's court-packing agenda.

He said this left-wing group has expressed support for Jackson, but she denied ever interacting with this and similar groups.

Tillis said the push to pack the court and nuke the filibuster would erode legitimacy in both the Supreme Court and the Senate.

"Packing the court could cause the Supreme Court to lose the trust of the American people," he said, adding that Jackson's institution, the court, is "in peril."

"Now we're in this posture to where we could destroy two institutions, if we're not careful," he added. "So, I actually hope that you can, at some point, study the issue thoroughly and understand the risk to this institution that you're likely to be confirmed to."

Tillis then brought up a brief Jackson co-wrote regarding anti-abortion protesters in Massachusetts, noting he believes the case was more about free speech than a pro-life debate."

Jackson said it was a "First Amendment, free speech set of arguments" about buffer zones around abortion clinic meant to protect the clinic.

I believe that it was viewpoint neutral," Jackson said, meaning it was not about the anti-abortion debate. "It was about clearing a path to allow people to enter a clinic."

She said she was arguing on behalf of her client, saying her clients wanted to argue that the laws allowing a buffer zone were "constitutional and important."

Jackson Discusses Protecting Liberties, Limiting Government

Democratic Senator Jon Ossoff from Georgia asked Jackson about the way the Constitution protects civil liberties. He first asked how the Constitution protects against tyranny.

"The framers decided after experiencing monarchy, tyranny, and the like, that they were going to create a government that would split the powers of a monarch in several different ways," Jackson said.

"The separation of powers is crucial to liberty," she continued. "It is what our country is founded on, and it's important as consistent with my judicial methodology for each branch to operate within their own sphere."

She added that judges can't make law and should not be policymakers. Jackson said this prevents the government from being too powerful and encroaching on individual liberties.

Ossoff then asked Jackson more question on the first, fourth and sixth amendments, regarding freedom on speech and the press, unlawful search and seizures and the right to an attorney, respectfully.

Jackson said these amendments, and corresponding case law, seek to protect liberties and check government power.

She said the First Amendment protects against government censorship and established case law, like New York Times v. Sullivan, to support the freedom of the press.

"It is important in out constitutional scheme that people be allowed to express themselves, that ideas be exchanged," she said. "That is the groundwork for a vigorous and vital democracy."

She added that democracy "thrives" because the government is restrained and cannot censor its citizens.

As a former public defender who represented accused terrorists after 9/11, Jackson said she believe the right to an attorney is essential to maintain limits on the government and ensure liberties.

"Prior to Gideon v. Wainwright, people who could not afford lawyers were not entitled to lawyers under our system," she said, adding that poor defendants had to "fend for themselves."

Ossoff also asked Jackson about how the court will consider the principle of unlawful search and seizure in the context of new technologies.

"I'd like to hear how you'll approach seeking technical expertise to inform that decision making," he asked.

Jackson said the court would aske for amicus briefs from technology experts.

"I think that that would be the primary mechanism by which if the court were to decide to hear a case concerning a matter that involved some technical expertise," she said. "I would certainly want to discuss with the courts, other justices, the ways in which determinations are made about which amicus briefs are received and what disclosures are related to them."

Republican Senators Protest Durbin's 'Editorializing'

Committee Chair Senator Dick Durbin began the second day of questioning by encouraging senators to yield back some of their time in the second round.

While most senators on both sides "asked appropriate questions," Durbin said some members of the committee used their questioning time to preview "midterm talking points." including insinuating Jackson, and therefore Democrats, are "soft on crime."

He said the nomination hearing became a "testing ground" for conspiracy theories and culture wars.

Republican Senator John Cornyn of Texas "lodged a protest" and accused Durbin of "editorializing" the line of questioning by Republicans. He took issue with Durbin dismissing his claims that Jackson called former President George W. Bush a "war criminal."

"You choose to editorialize and contradict the points being made by this side of the aisle," Cornyn said. "I don't know if we will have an equal opportunity to editorialize."

He added that Jackson is "doing a pretty good job of defending her own position and answering questions."

Republican Senator John Kennedy of Louisiana echoed the protest, calling Durbin's comments after Republican questioning "inappropriate" and "not offered in an even-handing way."

Kennedy said those Senators called out by name, including Senator Josh Hawley, should have a change to respond.

Ranking Member Chuck Grassley, a Republican Senators from Iowa, reiterated the request from fellow Republicans to have access to probation officers recommendations in Jackson's child pornography sentencing cases and other data that was only shared with Democrats.

Second Rounds of Questioning to Begin Soon

After over 12 hours of questioning Tuesday, Judge Ketanji Brown Jackson will face another round of questions today.

The Senate Judicial Committee will finish the 30 minute round of questioning from the remaining two senators and then will begin the second round of questioning. Senators will have 20 more minutes to ask Jackson questions Wednesday.

The hearing will begin shortly.