Jackson’s quest for becoming the first Black woman to sit on the Supreme Court — a White House hope with bipartisan support — began when she was named by President Biden as his successor Justice Stephen Breyer . She has been meeting with senators since then to prepare for the question-and answer session that will take place on two of the four days for the hearings, which begin 24 days after President Biden’s announcement.
Democratic leaders want to confirm Jackson (51), before the Senate departs Washington for a two week recess.
Here’s what Jackson, a Washington federal appeals court judge, has been doing since Mr. Biden announced that she was his nominee for the Supreme Court. And what is yet to come in Senate.
Senate meetings
Jackson was accompanied by a group of aides, and guided through the Senate with a “sherpa,” ex-Democratic Senator Doug Jones of Alabama. Jackson spent the past two week on Capitol Hill to meet with senators from both sides of Congress for so-called “courtesy calls” in the lead-up for the confirmation hearings.
In-person discussions started with the Democratic and Republican Senate leaders as well as the heads the Senate Judiciary Committee, before moving on to meetings with other members of the Judiciary Panel and senators.
Some meetings were short, such as Jackson’s meeting with South Carolina GOP Senator Lindsey Graham for 15 minutes. Others have lasted longer. Jackson spoke approximately 90 minutes for Republican Senator Susan Collins from Maine, which was seen as a potential vote of support.
After meeting with Jackson, Democrats have lauded her and are expected to vote for her nomination on the Senate floor. Republicans have praised Jackson’s experience and background but have not indicated whether they will support her nomination. Some chose to wait until after confirmation hearings while others were more open.
Florida GOP Senator Marco Rubio met with Jackson Tuesday and called her background “inspiring”, but stated that their conversation “did not alleviate my concerns about our starkly different understandings regarding the Constitution, the Supreme Court’s role, and the Constitution itself.”
Jones said that he believed the meetings went well and Jackson was able to talk with them “candidly, openly”.
He said, “It’s really a chance for them to understand her both as a judge and as a person because it’s not always possible in a hearing with all the intensity and bright lights that you get that you don’t always get that.”
Confirmation hearings
Jackson’s closed-door meetings at Capitol Hill will end this week. She will then appear before the Senate Judiciary Committee, where she will be appearing publicly for hearings that will last four days.
Opening statements by the panel members will be followed by Jackson’s introduction by supporters. The judge will then introduce herself.
Jackson’s questioning by the committee will start Tuesday and continue Wednesday for a second round. The panel will also meet privately Wednesday for matters related to Jackson’s FBI background investigations, which are conducted for every Supreme Court nominee.
The American Bar Association will testify, which evaluates the qualifications and the outside witnesses, at the hearings.
Jackson is no stranger at the Judiciary Committee. She has appeared before it three times as a nominee to be a U.S. judge. Sentencing Commission. She was then nominated to the federal court in Washington and the court of appeals. Each post was confirmed by her Senate counterpart.
Expect Republicans to press Jackson regarding decisions in lower courts involving testimony from Don McGahn, former White House counsel, and former President Donald Trump’s attempts to block the release his White House records to House committee investigating the attack on the Capitol on January 6.
They will likely also ask Jackson about her Guantanamo Bay work as an assistant federal public defense lawyer and private practitioner, as well her views on expanding Supreme Court. Demand Justice is leading the charge to increase the number of seats on the Supreme Court. This is a progressive judicial group that has supported her nomination.
Senate Minority Leader Mitch McConnell gave a roadmap for how the GOP approaches Jackson’s nomination Tuesday in a Senate speech. He referred to Demand Justice (without naming the group) as a member her “fan club”.
He stated that the group’s fundraising model and entire purpose is to wage war against the legitimacy of the judiciary. “And these people wanted Judge Jackson to be on our highest court for some reason. Why? That’s why senators will have to investigate it.”
McConnell also mentioned Jackson’s past as a public defense attorney and U.S. senator. Sentencing Commission, suggesting that Republicans will demand all the records and documents from Jackson’s time on the panel.
We are in the midst of a violent crime wave that includes soaring rates for homicides, carjackings, and other crimes. He said that even last summer, when the pandemic was more severe, more Americans believed violent crime was a greater problem than COVID. “The soft-on crime brigade is in Judge Jackson’s side amid all this.”
Jackson has been supported by several law enforcement organizations including the International Association of Chiefs of Police and the Fraternal Ord of Police. There are also former members of law enforcers.
After the confirmation hearings are over, the committee members will meet again to decide if they should report Jackson’s nomination favorably to the Senate. Any member of the commission can request that a nomination be delayed for one week.
Although the committee is evenly divided between 11 Democrats, 11 Republicans, a tie vote doesn’t preclude Jackson from being put to the full Senate for a ballot.
Confirmation vote
A simple majority of the Senate is required to confirm a Supreme Court nominee. With Democrats holding 50 seats and Vice President Kamala Harris voting tie-breaking votes for the Senate, Jackson is likely to win approval in a historic confirmation.
However, a recent medical emergency for Democratic Senator Ben Ray Lujan showed the fragilityof Democrats’ majority. Lujan had a stroke late January, and was absent from Washington for several week. After Mr. Biden had announced Jackson as his Supreme Court nominee, he returned to Senate in March.
Jackson is not eligible for confirmation by the Senate. However, the White House hopes that she will receive bipartisan support. Graham, Collins, and Alaska Senator Lisa Murkowski voted for Jackson’s confirmation to the U.S. Court of Appeals, District of Columbia Circuit. However, it is unclear if that support will be extended to her selection to the Supreme Court.
According to Politico , Republican Senator Mitt Romney from Utah said CNN that he was open to supporting Jackson. Senator Roy Blunt of Missouri (also a Republican) stated that while he would love to vote for Jackson, judicial philosophy would be a “significant factor.”
After meeting with Jackson earlier in the month, Dick Durbin (a Democrat from Illinois) told reporters that he had made part of his pitch for Republicans to say that “this moment in American history is significant, and I always want the right side.”
Jones stated that the White House remains optimistic Jackson will win support from GOP senators. This includes those who opposed her nomination for the D.C. Circuit.
He said that the Republican senators have made statements about their expectations of justices and their interpretations of the Constitution. They also look at how justices interpret the Constitution.
Take the bench
Jackson will not be able to take the seat immediately if she is confirmed by Supreme Court by Senate.
In his letter, Breyer informed Mr. Biden that he intended for his retirement to take effect at the end of its current term. This could be in late June or early Jul.
The Supreme Court will meet for its next term in October. It is scheduled to hear a blockbuster affirmative action case that involves admission policies at Harvard College, the University of North Carolina and a religious liberty dispute.