By Brandon Patterson

Confirmation hearings began last Tuesday in the Senate Judiciary Committee for Biden Supreme Court nominee Ketanji Brown Jackson. The hearings marked the fourth time that Jackson had come before the Judiciary Committee for confirmation, having done so three times previously when nominated for lower judiciary positions.

Jackson, 52, currently serves as a federal judge in Washington, D.C. She will be the first Black woman ever to sit on the Supreme Court upon confirmation.

The first day of hearings featured opening statements from the 22 members of the Judiciary Committee and opening remarks from Jackson. Democratic Senator Corey Booker noted the historic nature of Jackson’s nomination. “This is a ‘Jackie Robinson’ moment for our nation,” he said during prepared remarks. “For generations, America has been blessed with extraordinary legal talent in people of all backgrounds, but for the first time in our history an extraordinarily talented Black woman will serve on the Supreme Court. I’m profoundly moved by this. My heart aches with joy.”

Jackson was introduced by Thomas Griffith, a former conservative appeals judge, a decision likely made to underscore her willingness to be “impartial” in her decision-making, a theme which Jackson returned to throughout the hearings. In her opening remarks, she honored the role her family and mentors have played in supporting her judicial career. She also thanked Justice Stephen Breyer, whom she is nominated to replace, and whom she clerked for early in her career after law school.

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Yet the first two days of the hearings were marked more by political theater than by serious questions about decisions Jackson made as a judge, or how she might rule in certain cases.

In one instance, Republican Senator Ted Cruz asked Jackson about the New York Times’ 1619 Project and her views on critical race theory.

“It doesn’t come up in my work as a judge. It’s never something that I’ve studied or relied on,” Jackson replied. “And it wouldn’t be something that I would rely on if I was on the Supreme Court.” Cruz later held up a copy of a book called “Antiracist Baby” and asked Jackson whether she believes that “babies are racist.” Jackson said she did not.

Jackson was also asked whether she supported expanding the Supreme Court beyond nine justices. She declined to say, citing then-Supreme Court nominee Amy Coney Barrett, who, during her confirmation hearing in October 2020, declined to answer the same question. “I agree with Justice Barrett in her response to that question when she was asked before this committee,” Jackson said. “Judges should not be speaking into political issues.”

Yet other questions shed meaningful light on Jackson’s approach to the law. In response to one question, Jackson said she was “reluctant” to use labels such as “originalism” to characterize her judicial philosophy, saying that the Constitution is “fixed in its meaning” but that sometimes, judges also need to look at history and context to make decisions.

A recent Gallup poll found that 58% of Americans support Jackson’s nomination to the Supreme Court. Jackson’s confirmation hearings continued throughout the week.

Sources: NBC News, Gallup News, office of New Jersey Senator Corey Booker.

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