Senate confirmation hearings begin for Supreme Court nominee Ketanji Brown Jackson

Judy Woodruff:

It was an historic day on Capitol Hill, as Supreme Court nominee Ketanji Brown Jackson stepped into the spotlight for the first of several days of confirmation hearings.

John Yang reports on the round of opening statements.

Sen. Richard Durbin (D-IL):

This hearing of the Senate Judiciary Committee will come to order.

John Yang:

Federal Judge Ketanji Brown Jackson made the case for her nomination to become the first Black woman on the Supreme Court.

Federal Judge Ketanji Brown Jackson, Supreme Court Nominee:

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. During this hearing, I hope that you will see how much I love our country and the Constitution and the rights that make us free.

John Yang:

Republicans on the panel signaled the questions ahead.

Sen. Lindsey Graham (R-SC):

The bottom line here is, when it is about philosophy when it's somebody of color on our side, it's about we're all racist if we ask hard questions, is not going to fly with us. We're used to it by now. At least I am. So it's not going to matter a bit to any of us.

We're going to ask you what we think you need to be asked.

Sen. John Cornyn (R-TX):

I'm a bit troubled by some of the positions you have taken in arguments that you have made, representing people who have committed terrorist acts against the United States and other dangerous criminals.

I understand the importance of zealous advocacy, but it appears that sometimes this zealous advocacy has gone beyond the pale.

Sen. Ted Cruz (R-TX):

Will you follow the law? What does your record indicate? Will you protect the rights of every American citizen, regardless of race, regardless of party, regardless of views? That's what the focus of this hearing should be.

John Yang:

Republican Senator Josh Hawley of Missouri raised Jackson's sentencing decisions as a trial judge in child pornography cases.

Sen. Josh Hawley (R-MO):

And what concerns me, and I have been very candid about this, 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.

John Yang:

Committee Democrats defended her against criticisms.

Sen. Richard Blumenthal (D-CT):

As you have seen, we're likely to hear more than a few straw men today, worn talking points, imagined grievances, but this hearing really should be about you, not about us.

Sen. Patrick Leahy (D-VT):

Judge Jackson is no judicial activist. She is not a puppet of the so-called radical left. She has been praised by Republican-appointed judges for her jurisprudence. Judge Jackson is not anti-law enforcement. She hails from a law enforcement family. She has also won the support of preeminent, national law enforcement organizations, including the National Fraternal Order of police.

And, no, she's not soft on crime. Her background as a federal public defender would bring an informed perspective of our criminal justice system to the Supreme Court.

Sen. Amy Klobachar (D-MN):

You have the experience and record of a jurist who is dedicated to the fair application of the law, committed to consensus, and determined to make sure that the court and the Constitution work for the people of today.

Sen. Richard Durbin:

The committee stands adjourned.

John Yang:

Tomorrow, Jackson begins two days of scheduled questioning.

For the "PBS NewsHour," I'm John Yang.

Judy Woodruff:

And for more on all this, I'm joined by our congressional correspondent, Lisa Desjardins, and Marcia Coyle of "The National Law Journal."

Hello to both of you. You were listening very carefully.

And, in your case, Lisa, you were in the hearing room for so much of this day.

Lisa Desjardins:

Right.

Judy Woodruff:

You know, we're accustomed from senators from different parties coming at these nominees from different directions, but this was especially pronounced today, wasn't it?

Lisa Desjardins:

I have to say, I think, especially given the last two sets of hearings that we have had, Justices Kavanaugh and Amy Coney Barrett, this was a much more calm hearing room.

There was not the kind of tension that you actually felt in your body that I felt in the last two hearings. There was not the kind of vitriol, the kind of animosity between the senators that I had seen before.

I do think we will see — and we were previewing — previewed today, as John reported, some very serious and pointed charges at Judge Jackson, including on her sentencing on child pornographers. And I think that the White House says they're ready for that. So she will get a chance to talk about that tomorrow, why she made those decisions.

But it was notable. How did Senator Hawley make those charges? He first said: I enjoyed meeting you. He complimented her. And he said: I want to hear your side of the story.

Even that was less pointed than we have seen before. One other dynamic to watch, maybe this is a good time to mention we have no less than six senators in that room who either have or are thinking about running for president. So anything could happen.

Judy Woodruff:

You think that might influence what's going on?

Lisa Desjardins:

I think it might.

(LAUGHTER)

Judy Woodruff:

That's right. Senator Hawley called her stoic, I think, for sitting through the hearing, which meant she was listening to some pretty tough commentary.

Marcia, it is the case that she's only been on the appellate court for a year, less than a year. But she's got a lot of — in her record for this committee to pore over. And they're they have indicated that they're going to bring it up from her, yes, appellate record, but years of being a federal district judge, her time in private practice, her time as a public defender.

What is she expecting to face here?

Marcia Coyle, "The National Law Journal": Well, I think in terms of her appellate career, as you mentioned, she's not been on the bench that long, and she's only written two majority opinions.

Where the focus will be will be on her district court opinions. And, there, they range all through different areas of the law. She's written over 500 of those opinions. It's a treasure trove for the senators to plumb for whatever they're looking for.

So the district court opinions, also her work on the Sentencing Commission, when she was a vice commissioner there, and also her work as a public defender. And we saw some of that in some of the comments you just ran, questions about her representation of Guantanamo Bay detainees, on her sentencing as a district court judge, the child pornography.

Really, Judy, the Republicans flagged where they were headed at least a week ago. Senator Hawley's concerns about her child porn sentencing, he did that in a very long tweet on Twitter at least a week ago. So I think we heard today where they're aiming to try to make some points on her nomination.

Judy Woodruff:

But it is — catches your ear when you hear child pornography and you hear soft on crime.

Marcia Coyle:

Oh, absolutely. Absolutely.

Judy Woodruff:

People go, oh, well, what is that about?

And, Lisa, speaking of that, I mean, on this so-called being light — going — light sentences being soft on people who've been convicted of engaging in child pornography, what do we look to come from this?

Lisa Desjardins:

Right.

I think we have to wait and see. I think they're preparing their answer. I think that they will talk about how other judges at the time handled that kind of sentencing and say that she was not out of the norm. I think that Judge Jackson is going to have to speak personally to how she handles sentencing. That is the accusation, that is, you are someone who were a defense attorney. Were you too soft on crime?

Her answer to that all along has been, no, this is an important part of our constitutional system. I hold everyone accountable. But we need to have both defense attorneys and prosecutors alike.

Tomorrow will be her chance to talk about that.

Judy Woodruff:

And, Marcia, having watched as many Supreme Court confirmations as you have — and we were talking about that today. It's been four just in the last few years.

Marcia Coyle:

Many more than that for me.

(LAUGHTER)

Judy Woodruff:

That's right, many more.

Marcia Coyle:

I won't say when I started.

(LAUGHTER)

Judy Woodruff:

It was just a couple years ago.

Marcia Coyle:

Yes, just a few.

Judy Woodruff:

I mean, do we expect — what is the line that she needs to be careful to walk as she answers these questions and is forthcoming, but isn't so forthcoming that she's getting into the realm of what may get her in trouble later?

Marcia Coyle:

Well, I think the line for her and for all nominees prior to her have been, don't ask questions about issues that might come before the Supreme Court or that are already before the Supreme Court.

But in terms of her own work, I mean, I fully expect that she will talk about the child pornography sentences. And I think she will have Romney to give the context. Now, these senators have 30 minutes for — each senator has 30 minutes for questioning. So she should be given the time to explain what was happening with sentencing and child pornography that led to more lenient sentences, as most other federal judges were doing, because, at the time, those sentences were perceived as too tough and a mess.

And the Sentencing Commission was struggling at the time with trying to work all that out. So, she was not out of the mainstream. But she's going to have to provide context, so that not only the senators' questions are answered, but that the American people understand what she was doing as a judge in those cases that, as you said, really sort of grab you.

Judy Woodruff:

That certainly do grab you.

Well, I know you're both going to be watching tomorrow and Wednesday and Thursday as this hearing continues.

Marcia Coyle, Lisa Desjardins, thank you very much.

Lisa Desjardins:

You're welcome.

Marcia Coyle:

You're welcome, Judy.

And we would urge you to tune in to PBS tomorrow starting at 9:00 a.m. Eastern for our coverage of day two of the hearings. That's when Judge Jackson will begin to take questions from the committee.