What is the judge’s “judicial philosophy?” What is her opinion on court packing, the idea of adding justices to the court?
What is her reaction to claims made by Republican Senator Josh Hawley she has been too soft on crime and sentencing child pornography offenders?
Jackson is the first Black woman to be nominated to the court. The court was once a bastion of racial segregation, but for 233 years it has been dominated by white men.
Biden selected the Harvard-educated, 51-year-old lawyer to replace Justice Stephen Breyer who was one of her mentors. Even if all Republicans oppose Jackson’s nomination, Democrats have the votes in the 50-50 Senate that could confirm her, so she is likely to be voted for by Easter.
Jackson, if confirmed, would be the sixth female justice on the court’s historical history. With three serving now, “the closest we have ever come to gender equality,” stated Senator Dianne Feinstein (D-Calif).
Here are some key points from Tuesday’s first day in Jackson’s confirmation hearing.
“STAY IN MY WAY”
Senators claim that Jackson, who spent nearly a decade in the judiciary and is a qualified lawyer who has worked both in private and public practice, is undoubtedly well-qualified to serve as a justice on The Supreme Court.
It is now up to you to decide if your judicial philosophy is an activist one, trying to make policy or one that adheres to the strict interpretations of law.
Jackson stated to the senators, “I am trying in every instance to stay in my lane.”
Dick Durbin (D-Ill.), chairman of Senate Judiciary Committee, opened the probe into the judge’s views in Tuesday’s hearing. Jackson was able to present her view on the law.
Jackson stated to the senators that she begins from a neutral position and approaches every case “without fear of favor”. She explained that she listens to all sides, then applies the law.
SOFT ON CRIME
Some Republican senators view Jackson’s treatment for criminal defendants, much like the Southern senators tried to portray Thurgood Marsh as soft on crime 55 year ago, as one of their strongest arguments against Jackson.
Hawley (R-Mo.) set the tone before the hearings started, raising concerns about Jackson giving child pornography defendants shorter sentences than necessary.
Jackson stated flatly on Tuesday: “Nothing could possibly be further from truth.”
The senators heard from the mother of two daughters about how she has scanned through graphic evidence in child pornography cases in her courtroom, and confronted the defendants.
She said to them, “These are the most difficult cases that a judge must deal with.”
Later, she spoke about her work as a federal defender. She was the first person to be nominated by the court. This ensured due process for terrorist suspects at Guantanamo bay, Cuba. She also talked about her family’s law enforcement work and how it feels to be concerned about their safety.
She said, “These aren’t abstract concepts or political slogans for me.”
Fact-checkers claim Hawley selectively chooses cases. This includes many in which prosecutors also seek lenient sentences beyond federal sentencing guidelines. This is one of the strongest arguments for Hawley’s Republicans.
‘NORTH STAR’
Jackson looked to Justice Amy Coney Barrett, a conservative judge, as an example on at least one topic — her views about Court packing.
Liberals are embracing the idea of adding justices the Court. This is in an effort to shift the court’s balance away from conservatives. They currently have a 6-3 majority due to Donald Trump who, as president, chose three new justices.
Jackson was asked about her views regarding court packing. She echoed Barrett’s comments when Jackson appeared before the panel in 2020.
Jackson stated to senators, “My North Star” is the consideration and proper role for a judge.
She said to them, “I agree with Justice Barrett.” “Judges shouldn’t be talking about political issues.”
Senator Chuck Grassley, Iowa’s top Republican, tried to get a different answer when it was his turn, but he didn’t get a different answer.
GOD, KAVANAUGH, AND GOP GRIEVANCE
Republicans are unable to block Jackson’s confirmation by 50-50 Senate. They want to at least show Americans that they gave him a fair hearing, unlike Judge Brett Kavanaugh’s explosive session. He was charged by Democrats with sexual assault as a teenager. Charges he strongly denied.
Republican Senator Lindsey Graham from South Carolina raised decades-old grievances about the treatment of conservative nominees, going back to Ronald Reagan’s unsuccessful nomination of Robert Bork.
Jackson asked Jackson a series of personal questions about her Protestant faith in one heated exchange.
Jackson stated to the senator, “As you all know, there is no religious test in this Constitution.”
Graham stated at one point, “Well, what would you feel if someone up here said about your faith that ’the Dogma lives loudly within’?”
The GOP senator was returning to Democratic Senator Dianne Feinstein’s comments about Barrett’s conservative Catholic beliefs.
Graham described it as a double standard that paints conservatives “some sort of weirdo.”
He stated, “We’re tired.”
MLK’S VISION
It took 233 years for us to reach this point, with the nomination of the first Black woman to the Supreme Court.
Grassley wanted to know if Jackson still believes in a speech she gave that evoked the Rev. Martin Luther King’s dream that children would not be judged by their skin color but their character was a reality was questioned by Grassley.
It is also part of this history that her own story is part. She spoke to senators about the journey of one generation from the Florida racially segregated schools to sitting before the Senate to nominate her to the high court.
She said, “The fact you can get that far is, to me, an affirmation of the hope and promise of this country, of the greatness of America.”
