WASHINGTON — Justice Kitangi Brown-Jackson appeared Tuesday on what may be the most important day of the Supreme Court’s confirmation hearings, taking questions from senators on the Judiciary Committee in what is expected to be a long day.
The questioning began with Senate Judiciary Chief Dick Durbin, MD Chuck Grassley, of Iowa, and gave 30 minutes to all 22 members of the committee.
Here are some of the highlights and ongoing revelations.
A pledge to “neutrality”
One of the words that Jackson returned repeatedly was “impartiality” as she discussed her style of adjudicating cases as a judge.
“I don’t import my personal opinions or policy preferences. The whole exercise is about trying to understand what those who made this policy or this law mean,” she told Durbin in the early moments of the hearing.
Later, when Senator Patrick Leahy asked about her experience as a public defender and vice chair of the US Sentencing Committee, Jackson said her various positions had taught her to “impartially” and “stay in my judgment.”
“Because I’ve seen the different roles, I think I have a pretty good appreciation of what it means to be a judge,” she said.
Old grudges and settling scores
Leahy attacked Republicans for blocking the vote on then-President Barack Obama’s Supreme Court nominee, Merrick Garland, for 10 months “because of a political agenda.”
Responding to earlier criticism of Senator Ted Cruz, R-Texas, Leahy said he could not be compared to his decision to vote “no” on Justice Neil Gorsuch and explained why. “Let’s make history this week but let’s not rewrite it,” he said.
Senator Lindsey Graham Jackson asked about her religious views and cited Senator Dianne Feinstein, D-Calif., questioning Amy Connie Barrett’s ability to be impartial as a judge during her nomination to be an appeals court judge in 2017.
“How would you feel if a senator here said your faith—the faith lives loudly within you, and that is worrisome?” asked Graham. “I found it offensive when they said that about Judge Barrett.”
She also questioned Graham Jackson about whether she remembered Janice Rogers Brown’s stalling, which was temporarily blocked by Democrats before it could be confirmed in the D.C. Circuit Court of Appeals in 2005. He said conservative candidates are being abused.
“We’re tired of it,” he said. “Our people need better respect.”
A ‘packing in court’ bet, Barrett invokes
Asked twice in the opening stages about her position on the Supreme Court’s expansion, Jackson declined to participate, citing Justice Amy Connie Barrett during his October 2020 confirmation hearing.
“I agree with Judge Barrett in her response to this question when asked before this committee,” she said. “Judges should not speak on political cases.”
Likewise, Barrett prosecuted on mobilization in court under questioning by Senator Mike Lee, State of Utah, about whether it would be prejudicial. She said the decision is up to Congress, and that if there is a constitutional question, “I can’t think of it.”
Senator Chuck Grassley of Iowa, the leading Republican, pressed Jackson on the question by asking if she agreed with Justices Stephen Breyer and Ruth Bader Ginsburg, whom she opposed. He said if they objected it could as well.
“Respectively, the senator, the other nominees for the Supreme Court have responded as I will, that this is a matter of Congressional public policy,” Jackson said. “I am particularly cognizant of not talking about issues of politics because I am very committed to staying in my own path of the system. I am just not willing to properly talk about issues that concern this body.”
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