The hearing of Ketanji Brown Jackson, the first black woman to be nominated for the US Supreme Court, came to an end this Thursday (24). The process was marred by several tough questions asked by Republicans and praise from Democrats, which moved her to tears.
Jackson’s nomination, 51, was reviewed for four days by the US Senate Judiciary Committee. She spent about 23 hours answering questions, apart from the time dedicated to speeches by senators and other witnesses.
As a comparison, the hearing of André Mendonça, who was appointed to the Federal Supreme Court of Brazil in 2021, lasted eight hours.
Jackson was nominated by President Joe Biden in February, and the nomination is pending Senate confirmation. The expectation is that the vote in the Commission will take place on April 4, and that the decision of the Plenary will be taken a few days later, before the Easter recess.
Approval must occur, as Democrats have 50 out of 100 votes in the Senate, plus tie-breaking power. Chuck Schumer, Democratic leader in the Senate, said he thought approval was “on the way.”
However, the expectation that the approval could have some Republican support has been reduced. House opposition leader Mitch McConnell said he will vote against the nomination as he found her responses during the hearings insufficient.
The Sabbath lasted four days. On Monday (21), senators made opening speeches. Jackson also spoke out and promised to act independently and in pursuit of equality before the law. On Tuesday (22) and Wednesday (23), she answered questions about her trajectory and her positions on various topics.
On several occasions, Republican senators have tried to characterize her as a radical left-wing activist and patronizing crime, especially pedophilia. Jackson has been a federal judge for more than ten years and, in some cases, has given less than recommended sentences for those accused of involvement in child pornography. Senator Ted Cruz even carried a poster that displayed her sentences, alongside federal recommendations, which are optional.
Jackson has responded several times that the judge must take into account several factors when deciding the sentence. “Judges are not in a numbers game, but decide based on a number of considerations. And in each case, I have fulfilled my duty to hold defendants accountable in light of the evidence and information presented to me,” he replied. “The evidence in these cases [de pornografia infantil] were terrible, they are among the worst I have ever seen.”
There were also moments of rudeness, with senators interrupting her responses to try to restate her points. The chairman of the Commission, Democrat Richard Durbin, intervened a few times. “I would say to the judge: there is no reason to answer. He will interrupt you anyway”, he joked, amid Cruz’s insistence.
The opposition also sought to appoint her as an activist. Jackson said he was clear that the judge’s role is to apply the laws, not try to change them or create public policy. She was asked how she viewed the teaching of race and gender issues in schools. “I don’t think any child should be made to feel like they’re racist, but neither should they feel like they’re not appreciated,” she replied.
At another point, Republican Senator Marsha Blackburn asked the judge “to give a definition of the word ‘woman'”. “I’m not a biologist,” Jackson replied. “The fact that you don’t give a direct answer highlights the danger of progressive education”, replied the parliamentarian.
Regarding abortion, the judge said that she considers the current rules, which allow the practice, to be “settled law”. She also stated that she intends to abstain from voting in the Supreme Court’s current lawsuit on affirmative action at universities because she has ties to Harvard, named in the lawsuit.
Jackson sought to demonstrate that she always acted as a judge independently of her personal beliefs. “My faith is very important, but, as you know, there is no religious test in the Constitution,” she responded on Tuesday after being pressured to speak about her relationship to religion.
Democrats, on the other hand, sought to emphasize that the appointment is historic, as it opens the way for a black woman to serve on the Supreme Court for the first time in the 233-year history of the country’s most important court.
On Wednesday afternoon (23), the judge cried when listening to Democratic Senator Cory Booker’s speech. He said that being a black woman in America means facing obstacles in life that none of his critics have had. “You are so much more than your race and gender. You have earned this post. You are worthy. You are a great American,” she praised.
This Thursday (24), the Senate heard witnesses who commented on the nominee’s career. The list of people to be heard was prepared by the American Bar Association (US bar association) and by Democratic and Republican lawmakers.
Representatives of the ABA praised Jackson and called her brilliant, impeccable and well qualified for the Supreme Court. Steve Marshall, Alabama’s attorney general, testified against the appointment, arguing that Jackson should try to change the country’s judicial system, without providing evidence.
If confirmed by the Senate, Jackson will take office in October, when a new judicial year begins. Currently, the collegiate is formed by six judges with a conservative profile and three with a liberal profile. Even if confirmed, Jackson will not change this scenario, as she will take the place of Stephen Breyer, who retired.
WHO IS WHO IN THE SUPREME COURT
conservative wing
John Roberts67
Nominated by George W. Bush in 2005. Although considered conservative, the current president of the Court sometimes acts in a moderate way
Clarence Thomas73
Nominated by George Bush in 1991
Samuel Alito71
Nominated by George W. Bush in 2006
Neil Gorsuch54
Nominated by Donald Trump in 2017
Brett Kavanaugh57
Nominated by Trump in 2018
Amy Coney Barrett50
Nominated by Trump in 2020
progressive wing
Stephen Breyer83 (retiring this year)
Nominated by Bill Clinton in 1994
Sonia Sotomayor, 67
Nominated by Barack Obama in 2009
Elena Kagan, 61
Nominated by Obama in 2010​
