Judge The statements came on Tuesday during the first of two days of questioning by lawmakers on the panel. Over several hours, Democrats highlighted Jackson\u2019s qualifications and her experience as a judge and public defender. Republicans pressed her on representation of accused terrorists and a reversed ruling on immigration but also sought to air grievances about past treatment of conservative nominees.<\/p>\n The Judiciary hearing concludes on Thursday with testimony from outside legal experts. Democrats\u2019 narrow control of the Senate means the 51-year-old judge\u2019s confirmation as the first Black woman on the Supreme Court is all but assured, with a vote promised before a scheduled Senate break that begins April 9.<\/p>\n Key Developments:<\/p>\n In one of the day\u2019s sharpest exchanges, GOP Senator When Jackson responded that it is Congress\u2019s role to set criminal penalties, the Arkansas senator repeatedly cut her off as if the appellate court judge was a hostile witness at trial and then moved onto his next query.<\/p>\n \u201cIt\u2019s important for people to be held accountable for criminal behavior,\u201d Jackson said at one point. \u201cIt\u2019s fundamental to the rule of law.\u201d<\/p>\n Cotton later focused on one case when Jackson, then a district judge, sentenced a heroine dealer to a 20-year prison sentence but later reduced it under a \u201ccompassionate release\u201d request. Jackson said she cut the sentence because Congress had passed a law after his sentencing that would have resulted in a lower sentence because he had a prior conviction that would no longer be taken into consideration.<\/p>\n Cotton said she \u201ctwisted the law\u201d by using the compassionate release and suggested she was \u201csympathetic\u201d to a \u201cdrug kingpin.\u201d Jackson countered by saying not doing so would have resulted in an \u201cunwarranted sentencing disparity\u201d between the convicted man and others who benefited from the new law\u2019s more lenient terms.<\/p>\n Senator \u201cI am questioning your discretion,\u201d the Missouri Republican told the nominee. \u201cThat\u2019s exactly what I\u2019m doing.\u201d<\/p>\n Jackson said she takes such cases \u201cvery seriously.\u201d She pointed out that the government in the case called for a below-guidelines sentence, that many other judges sentence below guidelines, and that judges have to take other factors into account. <\/p>\n Hawley\u2019s line of questioning was the latest in what has become one of the main Republican themes in Jackson\u2019s hearings, underscoring an issue the party is emphasizing for the November congressional elections. Texas Senator Sentencing experts and lawyers across the political spectrum have noted in response to Republican criticisms that it is common for judges to depart from the guidelines in these cases. The guidelines are advisory, not mandatory. Judiciary Committee Chair Ketanji Brown Jackson<\/p>\n Photographer: Al Drago\/Bloomberg<\/p>\n<\/p><\/div>\n<\/p><\/div>\n Jackson rebuffed questions from Cruz about her views on a host of lightning rod cultural issues, including viewing history through a racial lens and the role of critical race theory in U.S. education.<\/p>\n \u201cIt doesn\u2019t come up in my work as a judge,\u201d Jackson said of critical race theory, or CRT. \u201cIt\u2019s never something that I\u2019ve studied or relied on, and it wouldn\u2019t be something that I would rely on if I was on the Supreme Court.\u201d<\/p>\n Critical race theory, or CRT<\/a>, proposes that any analysis of U.S. laws and policy must take into account how race and racism has shaped attitudes and institutions. Opposition to the alleged influence of the theory in elementary and secondary education has become a rallying point for Republicans heading into the midterm elections. During the hearing, the Twitter account of the Republican National Committee sent out an animation<\/a> linking Jackson to critical race theory.<\/p>\n Cruz, who was a year ahead of Jackson at Harvard Law School, also questioned Jackson\u2019s contention that she didn\u2019t know whether CRT is part of the curriculum in U.S. schools. He cited Georgetown Day School, a private school in Washington where she is on the board of trustees and which one of her children attends, saying its teachings are \u201cfilled and overflowing\u201d with CRT. She said CRT is \u201can academic theory\u201d taught in law schools and that as a board member she is not involved in the curriculum. — Kelsey Butler<\/p>\n WATCH: Senator Ted Cruz challenged Supreme Court nominee Judge Ketanji Brown Jackson, about her thoughts on critical race theory during her confirmation hearing in Washington.<\/p>\n Source: Bloomberg<\/p>\n<\/p><\/div>\n<\/p><\/div>\n Jackson said the Supreme Court has adopted originalism — the conservative-backed method of interpreting the Constitution according to the meaning of its words when they were adopted. The court used that approach in 2008 when it said for the first time that the Second Amendment protects individual gun rights.<\/p>\n Mike Lee<\/p>\n Photographer: Ting Shen\/Bloomberg<\/p>\n<\/p><\/div>\n<\/p><\/div>\n The court \u201cvery clearly has determined that in order to interpret provisions of the Constitution, we look to the time of the founding and we ascertain based on what the original public meaning of the words of the Constitution were at the time,\u201d Jackson said. \u201cSometimes that yields a particular answer. Other times you may have to look to practices historically from that time.\u201d<\/p>\n She made those comments in response to questions from Republican Senator Mike Lee of Utah about the Ninth Amendment, which says that people have rights that aren\u2019t explicitly enumerated in the Constitution. Jackson said the court would have to interpret that amendment using the originalist approach. –Greg Stohr<\/p>\n Liberal advocacy groups mounted an organized effort to undermine a Supreme Court candidate who would\u2019ve received support from Senate conservatives, Republican Senator \u201cEvery group that wants to pack the court, that believes this court is a bunch of right wing nuts who are going to destroy America, that consider the Constitution trash, all wanted you picked,\u201d Graham said. \u201cThat so many of these left wing radical groups that would destroy the laws we know it declared war on Michelle Childs and supported you is problematic for me.\u201d<\/p>\n Graham pressed Jackson on whether she had communicated with these liberal groups. Jackson responded that she hadn\u2019t. \u201cIt\u2019s troublesome that people are or were doing things related to the nomination,\u201d she said. — Madi Alder<\/p>\n Judge Ketanji Brown Jackson talks about abortion rights.<\/p>\n Source: Bloomberg<\/p>\n<\/p><\/div>\n<\/p><\/div>\n Jackson said she believes abortion rights have been settled by the Supreme Court in the landmark cases Roe v. Wade and Planned Parenthood v. Casey in response to a question from Senator \u201cRoe and Casey are the settled law of the Supreme Court concerning the right to terminate a women\u2019s pregnancy,\u201d Jackson said.<\/p>\n Those rulings might no longer be the law of the land by the time Jackson joins the court. The justices are currently considering overturning Roe and Casey and eliminating the constitutional right to abortion in a case scheduled to be decided by late June or early July. — Kelsey Butler<\/p>\n Graham revived long simmering grievances about how Democrats have treated some Republican judicial nominees through a series of pointed questions to Jackson about her religious views, including asking her if she could fairly judge a Catholic since she is Protestant.<\/p>\n Jackson said it is \u201cvery important to set aside one\u2019s views\u201d as a judge and noted also that there \u201cis no religious test\u201d in the U.S. Constitution.<\/p>\n Graham also asked Jackson to rate how important religion is to her on a scale of 1 to 10 and asked if she regularly attends church. But then he made clear he was asking to point out how uncomfortable it was for Justice \u201cJudge Barrett I thought was treated very, very poorly and I just wanted to get that out there,\u201d Graham said.<\/p>\n Jackson called criminal-justice experience an asset, saying it helped her develop the sense of the need to communicate directly with defendants. <\/p>\n Responding to questions from Senator As a judge, she said she wanted everyone in the courtroom to understand what was happening and to focus on the harms of the behavior at issue when sentencing defendants. — Jordan Rubin<\/p>\n Jackson defended her reasoning in a U.S district court immigration ruling she wrote that was unanimously overturned by a three-judge appellate court panel in 2020 — a decision conservative groups argue shows judicial overreach.<\/p>\n Jackson had blocked the Trump administration from subjecting more people to expedited deportation, saying there were \u201cconsiderable downsides of adopting a policy that, in many respects, could significantly impact people\u2019s everyday lives.\u201d But the appeals court said Congress gave the Homeland Security secretary broad power to decide who is eligible for expedited removal.<\/p>\n Jackson said Tuesday her decision was based in part on a second statute that outlines how agencies can\u2019t operate \u201ccapriciously,\u201d and noted the case began with a \u201csudden shift\u201d by DHS that allowed removals of anyone in the U.S. for up to two years — instead of 14 days and within 100 miles of the border — Laura Litvan.<\/p>\n Chuck Grassley<\/p>\n Photographer: Tom Williams\/CQ Roll Call\/Bloomberg<\/p>\n<\/p><\/div>\n<\/p><\/div>\n Jackson refused to weigh in on the debate over adding seats to the Supreme Court, an idea some progressives have pushed to counter a stream of Republican appointees that have shifted the court\u2019s balance. Jackson said she would follow the example of Justice Amy Coney Barrett, who similarly declined to comment on the issue during her 2020 confirmation hearing.<\/p>\n \u201cIt is a policy question for Congress,\u201d Jackson told Republican Senator Jackson talked about her own experiences and upbringing when asked by Grassley, the committee\u2019s top Republican, whether she still agreed with Martin Luther King Jr. comments on racial progress in the U.S. that she had quoted in a prior speech.<\/p>\n She said that in the speech at the University of Chicago Law School she noted that her parents were forced to attend racially segregated schools when they were growing up but by the time she was born in 1970 she was able to attend diverse schools.<\/p>\n \u201cThe fact that we had come that far was to me a testament to the hope and the promise of this country, the greatness of America,\u201d she said. \u201cThat in one generation we could go from racially segregated schools in Florida to have me sitting here as the first Floridian ever to be nominated to the Supreme Court of the U.S., so yes, senator, that so that is my belief.\u201d<\/p>\n Grassley said that , \u201cIt\u2019s good that the country had an opportunity to hear what you just told us about your experience.\u201d — Kelsey Butler<\/p>\n Jackson defended her work representing accused terrorists held at Guantanamo Bay, Cuba after the Sept. 11, 2001 attacks, telling senators that they were entitled to legal representation under the Constitution to ensure they were treated fairly.<\/p>\n \u201cThat\u2019s what makes our system the best in the world,\u201d she said in response to a question from Durbin. \u201cThat\u2019s what makes us exemplary.\u201d<\/p>\n Dick Durbin during the confirmation hearing in Washington, D.C.<\/p>\n Photographer: Julia Nikhinson\/Bloomberg<\/p>\n<\/p><\/div>\n<\/p><\/div>\n Jackson said that cases were assigned to her during the time she served as a public defender, and that her work involved filing petitions on their behalf that made arguments about the circumstances of their cases.<\/p>\n \u201cFederal public defenders don\u2019t get to pick their clients,\u201d Jackson added. — Laura Litvan<\/p>\n Jackson gave a strongly worded defense against accusations made by Hawley and other Republicans that as a federal trial judge she was lenient on people convicted of child pornography offenses.<\/p>\n Jackson said child pornography cases are \u201csome of the most difficult cases\u201d that a judge has to deal with.<\/p>\n She said she would tell defendants about a victim who wrote that she was afraid to leave her house because she thought everyone she encountered had seen pictures of her on the internet.<\/p>\n \u201cI tell that story to every child porn defendant as a part of my sentencings so that they understand what they have done,\u201d Jackson said. \u201cI say to them that there\u2019s only a market for this kind of material because there are lookers, that you are contributing to child sex abuse. And then I impose a significant sentence.\u201d — Greg Stohr<\/p>\n In response to opening questions from Durbin, Jackson outlined her judicial philosophy, saying that in working as a federal judge for nine years she follows a \u201cmethodology\u201d to evaluate cases and works to clear her mind of \u201cany preconceived notions.\u201d <\/p>\n She said she examines arguments on both sides and the factual record before applying the law and relevant precedents and is conscious of limits on judicial authority.<\/p>\n \u201c\u201dI am trying in every case to stay in my lane,\u201d she said, adding that \u201cthe adherence to text is a constraint on my authority.\u201d — Laura Litvan<\/p>\n Republicans on the Senate Judiciary Committee foreshadowed plans to closely question Jackson about her views on crime by scrutinizing cases where, as a district judge, she sentenced defendants convicted of child pornography possession to what they contend were prison terms below the sentencing guidelines and what prosecutors sought.<\/p>\n Senator The issue dovetails with the law-and-order message Republicans are rolling out for the midterm elections that will decide control of the House and Senate. Several other areas designed to appeal to the GOP base also are likely to come up during questioning. Senator –With assistance from To contact Bloomberg News staff for this story: To contact the editors responsible for this story: Elizabeth Wasserman<\/p>\n \u00a9 2022 Bloomberg L.P. All rights reserved. Used with permission.<\/p>\n<\/div>\n\n
GOP Focuses on Jackson\u2019s Record on Sentencings (8:05 p.m.)<\/h2>\n
GOP Dwells on Jackson\u2019s Child-Porn Sentencings (6:20 p.m.)<\/h2>\n
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<\/p>\nJackson Battles With Cruz on Critical Race Theory (3:25 p.m.)<\/h2>\n
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<\/p>\nJackson Says Supreme Court Has Adopted Originalism (2:25 p.m.)<\/h2>\n
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<\/p>\nJackson Pressed on Liberal Advocacy for Nomination (12:22 p.m.)<\/h2>\n
Jackson Says Roe V. Wade Is Settled Abortion Law (11:49 a.m.)<\/h2>\n
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<\/p>\nGraham Uses Queries to Revive Past Complaints (11:11 a.m.)<\/h2>\n
Jackson Cites Criminal-Justice Work as an Asset (10:53 a.m.)<\/h2>\n
Jackson Defends Her Reversed Immigration Ruling (10:35 a.m.) <\/h2>\n
Jackson Refuses to Discuss Supreme Court Expansion (10:20 a.m.)<\/h2>\n
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<\/p>\nJackson Says Her Experience Shows Racial Progress (10:15 a.m.)<\/h2>\n
Jackson Says Defense of Accused Central to Ideals (10:00 a.m.)<\/h2>\n
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<\/p>\nJackson Defends Sentencing in Child-Porn Cases (9:45 a.m.)<\/h2>\n
Jackson Says She Places Emphasis on Impartiality (9:25 a.m.)<\/h2>\n
GOP Plots Questioning for Jackson on Sentencing<\/h2>\n