Ketanji Brown Jackson's confirmation hearing: Day 1
By Tierney Sneed, Maureen Chowdhury, Melissa Macaya and Dan Berman, CNN
Updated 0242 GMT (1042 HKT) March 23, 2022
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5:41 p.m. ET, March 21, 2022
Jackson’s remarks touch on her faith and gratitude to her family
From CNN's Tierney Sneed
The parents of U.S. Supreme Court nominee Judge Ketanji Brown Jackson, Johnny and Ellery Brown, listen during their daughter's confirmation hearing on Monday. (Photo by Anna Moneymaker/Getty Images) (Anna Moneymaker/Getty Images)
Judge Ketanji Brown Jackson emphasized the gratitude she felt, as part of her faith, and towards the sacrifices of her family.
She affirmed her thanks “to God, for it is faith that sustains me at this moment. "
Among her blessing, she was born “in this great Nation” in 1970, a decade after Congress enacted civil rights legislation.
“Like so many who had experienced lawful racial segregation first-hand, my parents, Johnny and Ellery Brown, left their hometown of Miami, Florida, and came to Washington DC, to experience new freedom,” Jackson said.
She noted the long hours of work and sacrifice of her parents “to provide their children every opportunity to reach their God-given potential.”
“My parents taught me that, unlike the many barriers that they had had to face growing up, my path was clearer, such that if I worked hard and believed in myself, in America I could do anything or be anything I wanted to be,” Jackson said.
6:04 p.m. ET, March 21, 2022
NOW: Supreme Court nominee Ketanji Brown Jackson delivers statement during historic hearing
If confirmed, Jackson would become the first Black woman justice.
"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," Jackson told the committee.
"I stand on the shoulders of so many who have come before me, including Judge Constance Baker Motley who was the first African-American woman to be appointed to the federal bench and with whom I share a birthday," she said. "And like Judge Motley, I have dedicated my career to ensuring the words engraved on the front of the Supreme Court building 'equal justice under law' are a reality and not just an ideal."
This morning, Democratic Sen. Dick Durbin of Illinois, the chairman of the Judiciary Committee, opened the hearing by putting Jackson's nomination in historical context, noting that of 115 Supreme Court justices, 108 have been White men.
"Not a single justice has been a Black woman," Durbin said. "You, Judge Jackson, can be the first."
"It's not easy being the first," he added. "But your presence here today, your willingness to brave this process, will give inspiration to millions of Americans who see themselves in you."
CNN's Alex Rogers contributed reporting to this post.
3:53 p.m. ET, March 21, 2022
Judge Jackson was just sworn in by the Senate Judiciary Committee
Judge Ketanji Brown Jackson is sworn in prior to her opening statement before the Senate Judiciary Committee on Capitol Hill in Washington, DC, on Monday. (Sarah Silbiger for CNN)
Judge Ketanji Brown Jackson was sworn in by the Senate Judiciary Committee as she prepares to present her opening statement and go through the hearing process for her Supreme Court nomination.
5:47 p.m. ET, March 21, 2022
What senators are saying on race
From CNN's Tierney Sneed
Republican Sens. Mike Lee, Josh Hawley and Ted Cruz speak during a break in Monday's proceedings. (Sarah Silbiger for CNN)
Democrats praised what Judge Ketanji Brown Jackson's nomination will mean for the Americans who have not seen themselves represented on the country’s highest court. Republicans cautioned that their skepticism of her had nothing to do with her race.
“We will see Democrats and the media suggest that any senator that is skeptical of your nomination, that questions you vigorously, or that dares to vote against you must somehow harbor racial animus,” Texas GOP Sen. Ted Cruz said.
Several Democrats said that her presence on the Supreme Court will increase the trust a diverse public place in it.
“Your presence here today, your willingness to brave this process will give inspiration to millions of Americans who see themselves in you,” Illinois Democratic Sen. Dick Durbin said, while noting the rally in Jackson’s support near the Capitol Monday. “There were so many young African American women and law students there seeing your pursuit as part of their dream.”
New Jersey Sen. Cory Booker’s opening statement was a particularly poignant reflection of the moment, as the committee’s sole Black member told Jackson her nomination “is not normal.”
“We are on the precipice of shattering another ceiling,” Booker said. “It's a sign that we as a country are continuing to rise to our collective cherished highest ideals
Sen. Alex Padilla of California, who gave a portion of his remarks in Spanish, noted how “Breaking barriers and being the first means not just significant opportunity, but tremendous responsibility,” he told Jackson that she was “equipped with a tremendous record of experience and accomplishment and you are ready to blaze this trail.”
“A trail that your grandparents may have found unfathomable, but one that your daughters and my sons and future generations will now see as a natural part of the American story,” Padilla said.
South Carolina Sen. Lindsey Graham, the second Republican on the committee to speak, acknowledged the historic moment, and told the committee “count me in on the idea of making the court more diverse.”
But he also referenced lower court GOP nominees of color who were opposed by Democrats.
“It is about philosophy when it’s somebody of color on our side,” Graham said, adding that “it’s not going to fly” if hard questions about Jackson’s philosophy are deemed racist.
Other Senate Republicans named checked the GOP nominees referred to by Graham, Miguel Estrada – a George W. Bush nominee whose nomination to the DC Circuit was filibustered by Democrats– and Janice Rogers Brown, a George W. Bush-appointee to the DC Circuit whose confirmation faced hostility and delay from Democrats.
“If you are Hispanic or African American and you dare depart from their political orthodoxy, they will crush you, they will attack you, they will slander you, they will filibuster you. So this is not about race,” Cruz said.
5:47 p.m. ET, March 21, 2022
Jackson is being introduced before the Senate Judiciary Committee
Judge Thomas Griffith, formerly of the US Court of Appeals for the District of Columbia Circuit, and Lisa Fairfax, a professor at the University of Pennsylvania Carey Law School, are introducing Supreme Court nominee Judge Ketanji Brown Jackson.
"I come here today as a retired federal appeals court judge with 15 years of experience on the United States Court of Appeals for the DC Circuit. I come here as a jurist appointed by Republican President George W. Bush. And I come come here as someone who understands that there are few greater responsibilities under the Constitution than serving as a justice on the United States Supreme Court," Griffith said. "It takes a jurist of high character, keen intellect, deep legal knowledge and broad experience to ensure that the judiciary plays its unique role under the Constitution. To uphold the rule of law impartially. And not to be, in the words of Justice Stephen Breyer, 'partisans in robes."
"Today, I have the high honor to introduce Judge Ketanji Brown Jackson, a jurist who has all of those qualities," he added.
Fairfax, meanwhile, shared her experience getting to know Jackson and studying alongside her at Harvard.
"Ketanji and I met during our first days of college nearly 35 years ago. Those first moments when you wonder if you belong, she's the friend that made sure we all did. A woman of deep faith in God and unyielding love for family. Ketanji defines friendship. She's the friend you're immediately drawn to for their outgoing and friendly nature. As our circle of friends grew, she's the one who became the rock for us all," she said.
5:54 p.m. ET, March 21, 2022
Biden called Jackson last night "to wish her good luck this week at the hearings," White House says
From CNN's DJ Judd
(Sarah Silbiger for CNN)
President Biden called Judge Ketanji Brown Jackson last night ahead of today’s confirmation panel “to wish her good luck this week at the hearings,” White House press secretary Jen Psaki told reporters Monday.
“A number of you have asked about whether the President would be watching the hearings today — one scheduling notice, the Quint call he had this morning was at exactly the same time as her opening statement,” Psaki said. “But he did request regular updates, or he has been requesting regular updates from members of the team on how the hearing is going.”
Biden convened a call with President Emmanuel Macron of France, Chancellor Olaf Scholz of Germany, Prime Minister Mario Draghi of Italy and Prime Minister Boris Johnson of the United Kingdom — colloquially, “the Quint” — earlier Monday to discuss Russia’s continued invasion of Ukraine.
“And I would also note that he's very grateful to Judge Thomas Griffith as well as Lisa Fairfax for introducing [Judge Ketanji Brown Jackson] today,” Psaki added.
Psaki told reporters Monday that Biden will likely “watch replays,” of today’s Supreme Court Confirmation hearings, acknowledging “it was hard to plan his schedule around this.”
“You know, he — it was hard to plan his schedule around this, so what he asked is that he be provided updates from his team and aides as the — as the hearings progress,” Psaki told reporters. “And obviously, Chairman Durbin gave his opening, Senator Grassley gave his opening this morning, and it proceeds, but it's hard to plan the President's schedule around a moving Senate hearing, so I'm sure he'll be able to watch replays of it, and more specifics, but he wanted updates from aides as well.”
Note: Psaki acknowledged she may not have been correct about the timing of Jackson’s opening statement in her original answer as Jackson delivered her remarks in the afternoon.
5:54 p.m. ET, March 21, 2022
Booker: This is not a normal day for America. The Senate is poised to break another barrier
(Anna Moneymaker/Getty Images)
Democratic Sen. Cory Booker of New Jersey said he felt a sense of "overwhelming joy" because of the historic nature of Judge Ketanji Brown Jackson's Supreme Court nomination.
“This is not normal day for America. We have never had this moment before. And I just want to talk about the joy. I know tomorrow in the coming hearings, we're going to have tough hard questions. But please let me just acknowledge the fact that this is not normal. It's never happened before," Booker said during his opening statement.
He continued, "The Senate is poised right now to break another bat barrier. We are on the precipice of shattering another ceiling. Another glass ceiling. It's a sign that we as a country are continuing to rise to our collective cherished highest ideals. I just feel this sense of overwhelming joy as I see you sitting there as I see your family sitting behind you."
Booker went on to highlight the importance of the diversity of America and representation.
"The story of America, I think is a testimony to this world of what diverse people can achieve," he said.
Booker noted that of the 115 Supreme Court justices that have served, 108 have been White men. "We shouldn't diminish the accomplishments of mostly these 108 White men. They were extraordinary patriots who helped shape this country. But now we are seeing to the highest court in our land, a hopeful day like this. That so many of the people so much of the rich talent of our nation, who could not scarcely ever dream of sitting on the Supreme Court. Now we are showing that we will indeed go deep into the waters of our nation and pull forth the best talent. Extraordinary legal talent comes from all backgrounds," he said.
Booker also highlighted many of Jackson's career accomplishments and recognized her daughter, Leila, who wrote to then President Obama, requesting that he nominate her mother to the Supreme Court.
"Behind you and your family is your daughter Leila. And when she was 11 years old, I love this. She wrote a letter to President Obama urging him to nominate her mother, you, to the United States Supreme Court. Wow. And in that letter, her recommendation put forward that you Judge Jackson would be 'a great Supreme Court justice.' I suspect after these proceedings and, please God, after your confirmation to the Supreme Court, that something new will happen in America. That that letter from your daughter will not be exceptional. Generations of little young girls and generations of little young boys, no matter who their parents are, will have the audacity to write the President of the United States... We're going to see a new generation of children talking about their mamas. And daring to write to the president of the United States of America that my mom should be on the Supreme Court," Booker said.
"I want to tell your daughter right now. But that dream of hers is so close to being a reality," Booker added.
Watch the moment:
6:13 p.m. ET, March 21, 2022
The shadow boxing begins over whether Jackson is "soft on crime"
From CNN's Tierney Sneed
(Win McNamee/Getty Images)
Judge Ketanji Brown Jackson's experience as a federal public defender – something that sets her apart from every justice who has served on the Supreme Court – has made notable appearances in opening statements delivered by committee members of both parties.
Republicans previewed an effort to connect Jackson to the progressive criminal justice policies that they say are behind the rise in crime, while Democrats sought to counter those attacks and tout her criminal defense experience as an advantage, not a vulnerability.
Sen. Ted Cruz, a Republican from Texas, said that “part of the Democratic effort to abolish the police is nominating justices that consistently side with violent criminals, release violent criminals, refuse to enforce the law and that results in jeopardizing innocent citizens,” and so questions about that are “fair game.”
Jackson’s public defender experience, according to Sen. Richard Blumenthal, a Democrat from Connecticut, helps her “understand our justice system uniquely, through the eyes of people who couldn't afford a lawyer.”
“They couldn't afford their own lawyer and you advocated for them,” Blumenthal said, later adding that as a former prosecutor, he knows that the “system works best when there are good lawyers on both sides."
Sen. Sheldon Whitehouse, a Democrat from Rhode Island, framed her background as a contrast from the nominees put forward who were “groomed in partisan petri dishes.”
“She learned practical, courtroom experience in both civil and criminal law. How the judicial system works, and how it serves or doesn't serve different litigants,” Whitehouse said.
Cruz’s comment towards Jackson came in a broadside about “murder rates, carjacking rates, crime rates skyrocketing across the country, in significant part because political, Soros-backed district attorneys, because of Democratic efforts to abolish the police.”
Sen. Chuck Grassley, the committee’s top Republican, connected those trends to the Demand Justice, a left-wing legal group that supports Jackson’s nomination that he noted also supports progressive local prosecutors. He denied that Republicans had a habit of “vilifying” nominees that have represented criminal defendants.
“I've distinguished between two types of nominees who have worked in criminal cases. There are bill of rights attorneys who want to protect defendants' constitutional rights,” Grassley said. “Then there are what I've called criminal defense lawyers who disagree with our criminal laws. They want to undermine laws that they have policy disagreements with, and of course that's a very important difference.”
Senators will continue to deliver opening statements and then Jackson will be introduced by Judge Thomas Griffith, formerly of the US Court of Appeals for the District of Columbia Circuit, and Lisa Fairfax, a professor at the University of Pennsylvania Carey Law School.
The nominee will then deliver an opening statement.
