Dems assail GOP posturing as Supreme Court confirmation barrels on

When she was confirmed to serve as a federal appellate judge back in June, Graham and Republican Senator John Cornyn were the two GOP members of the panel who voted to move her nomination out of committee. After their exchange Wednesday, however, Jackson’s chances of garnering Graham's vote looked slim.

Hawley went on to ask Jackson if she regretted sentences she had handed down in child pornography cases, a moment that garnered a poignant remark from Jackson.

"What I regret is that in a hearing about my qualifications to be a justice on the Supreme Court, we have spent a lot of time focusing on this small subset of my sentences," Jackson said.

Senator Ted Cruz, a Republican from Texas and Harvard classmate of Jackson's, repeated Hawley's line questioning, grilling Jackson on child pornography cases. Later taking a break from his heated assertions, Cruz asked Jackson about whether she plans to recuse herself from a Supreme Court case evaluating race-conscious admissions practices at Harvard.

"That is my plan, senator," Jackson said.

Jackson currently sits on Harvard's Board of Overseers, one of the university's two governing bodies, and previously recused herself from two cases at the district level based on her service on the board.

Republican Senator Thom Tillis of North Carolina questioned whether Jackson, who served for a time as a public defender and as a defense attorney in private practice, had too much consideration for the perspective of defendants.

"It seems as though you're a very kind person and that there's at least a level of empathy that intersects to your treatment of a defendant that some could view as a maybe beyond what some of us would be comfortable with with respect to administering justice," Tillis said.

Mirroring in many ways the first day of direct questioning, Democrats rejected claims that Jackson was soft on crime, emphasizing the police organizations and prosecutors backing Jackson's nomination, as well as her family ties to police officers.

Jackson's brother served as a police officer in Baltimore, and one of her uncles was a police chief in Miami. Another was a sex crimes detective.

"I understand the need for law enforcement, the importance of having people who are willing to do that important work, the importance of holding people accountable for their criminal behavior. I also, as a lawyer and a citizen, believe very strongly in our constitution and the rights that make us free. And what that means to me is an understanding that, although we need accountability, although there is crime, we also have a society that ensures that people who have been accused of criminal behavior are treated fairly. That is what our constitution requires. That is what makes our system so exceptional," Jackson said

Praising her extensive record as an attorney and a judge both at the federal trial and appellate levels, Democratic Senator Chris Coons of Delaware celebrated Jackson's nomination.

"I think as someone who served in the Sentencing Commission, the public defender of the trial court, the appellate court judge, you have the ability see across the whole scope and reach of how the law impacts families, communities and our nation," Coons said.

While much of the hearing was bogged down by political accusations lobbed at Jackson, Democratic Senator Patrick Leahy of Vermont gave Jackson a moment at the start of the hearing to talk about what it means to expand the diversity of who sits on the federal bench, a trend she would play a part in as the presumptive first Black woman justice.

"When people see that the judicial branch is comprised of a variety of people who have taken the oath to protect the constitution and who are doing their best to interpret the laws consistent with that oath, it lends confidence that the rulings that the judge, that the court is handing down are fair and just," Jackson said.

As the questioning portion of her hearing drew to a close, Senator Cory Booker, a Democrat from New Jersey, gave an emotional speech calling for lawmakers to refocus the hearings on the historic moment of Jackson’s nomination.

Booker, the only Black senator on the committee, compared allegations that Jackson was “soft on crime” to accusations of a secret communist agenda that were levied against Constance Baker Motley, the first Black woman to serve on the federal bench and a personal idol of Jackson’s.

“Any one of us senators could yell as loud as we want that Venus can’t return a serve. We can yell as loud as we want that Beyonce can’t sing,” Booker said. “But you know what, they got nothing to prove."

Speaking directly to Jackson, Booker delivered a message that drew tears from the Supreme Court nominee:

“You have earned this spot. You are worthy. You are a great American,” Booker said.

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