Judge Ketanji Brown Jackson faced her final day of questioning at her confirmation hearing Wednesday. Thursday will conclude the confirmation hearings with testimony from the American Bar Association and witnesses. The Senate Judiciary Committee will then vote on whether Jackson’s nomination will go to the full Senate for consideration.
Jackson continued to answer questions Wednesday regarding her experience and qualifications. She also continued to face criticism for her “judicial philosophy” and legal record.
When addressing the issue of her judicial philosophy, first brought up during Tuesday’s hearing, Jackson said that she uses a “methodology” when deciding cases and that she is not trying to overstep her role as a judge: “I am acutely aware that as a judge in our system I have limited power and I am trying in every case to stay in my lane.” During Wednesday’s, Jackson hearing expanded her answer regarding her judicial methodology: “When the court gets an issue that requires constitutional interpretation, it looks at the facts and circumstances of the particular case, and the text and principles of the Constitution in light of the times in which they were written, and analogizes to present day.”
Senator Dick Durbin commented that those who identify themselves as originalists “better have [their] mind open to the reality that this world is changing.” Rhode Island Senator Sheldon Whitehouse stated that he appreciated that she has judicial methodology instead of a judicial philosophy.
During the hearing, Jackson was accused by some of being “soft on crime,” engaging in activism, and being evasive when asked about court-packing. However, others praised her for her temperament and historical nomination.
When addressing the issue of being soft on crime, Jackson expressed that she gave the defendants their day in court. She continued by stating that one of the purposes of punishment is rehabilitation. She looked back on her time as a public defender, stating that defendants are typically not encouraged to understand their wrongdoing.
“Nobody said to them, ‘Do you understand that there are children who will never have normal lives because you sold crack to their parents, and now they’re in a vortex of addiction? Do you understand that, Mr. Defendant?'”
Jackson also reflected on her time as a judge:
What I conveyed, or did when I was a trial judge, as I sentenced people to very lengthy periods of incarceration was, you are getting your day in court. You are able to say what you want to say, but you have to sit here and listen to my reading into the record, the victim statements, in this case. You have to go away understanding that I am imposing consequences for your decision, your decision to engage in criminal behavior.
Even with a long day of answering questions, Senator Cory Booker brought tears to the eyes of Jackson and others with his statements praising Jackson. Booker said “It’s hard for me not to look at you and see my mom. Not to see my cousin. … I see my ancestors … and nobody’s going to steal that joy.”
