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Republican Hawley’s attack on supreme court nominee Jackson is wrong, says senator
Republican Hawley’s attack on supreme court nominee Jackson is wrong, says senatorSenate judiciary committee chair Dick Durbin says Hawley’s attacks should be ignored in confirmation hearings this week The Missouri Republican Josh Hawley is wrong to attack Ketanji Brown Jackson, Joe Biden’s supreme court nominee, and should be ignored in confirmation hearings this week, the Senate judiciary chair said.How Ketanji Brown Jackson became Biden’s supreme court nominee – podcastRead moreHawley, the Illinois Democrat Dick Durbin said, is “part of the fringe within the Republican party … a man who was fist-bumping the murderous mob that descended on the Capitol on 6 January of the last year.“He doesn’t have the credibility he thinks he does.”If confirmed, Jackson will be the first Black woman on the court. If Democrats hold their 50 votes she will be installed, via Kamala Harris’s vote as vice-president.Jackson has attracted Republican support before and some have indicated they may back her this time. Jackson’s confirmation will not affect the balance of a court which conservatives dominate 6-3, as she will replace another liberal, the retiring Stephen Breyer.Hawley is however one of several hard-right members of the judiciary committee, alongside Ted Cruz of Texas and Tom Cotton of Arkansas, to harbour presidential ambitions. Such senators could see attacking a Biden nominee as a way to appeal to supporters.This week, in tweets echoed by the Republican National Committee, Hawley highlighted a potential line of attack.“I’ve noticed an alarming pattern when it comes to Judge Jackson’s treatment of sex offenders, especially those preying on children,” Hawley said.He did not raise the issue when he questioned Jackson last year, before voting against her confirmation to an appeals court. The White House said the senator was pushing “toxic and weakly presented misinformation”.Jackson sat on the US Sentencing Commission, an agency meant to reduce disparity in federal prison sentences. The sentencing expert Douglas Berman, an Ohio State law professor, has said her record shows she is skeptical of the range of sentences recommended for child pornography cases, the subject seized upon by Hawley.“But so too were prosecutors in the majority of her cases and so too are district judges nationwide,” Berman wrote.Durbin told ABC’s This Week: “As far as Senator Hawley is concerned, here’s the bottom line – he’s wrong. He’s inaccurate and unfair in his analysis.“Judge Jackson has been scrutinised more than any person I can think of. This is her fourth time before the Senate judiciary committee. In three previous times, she came through with flying colors and bipartisan support, the last time just last year.“And now Senator Hawley is making these charges that came out of nowhere. The independent fact checkers … have discredited his claims already. They should have. There’s no truth to what he says.“And he’s part of the fringe within the Republican party. This was a man who was fist-bumping the murderous mob that descended on the Capitol on 6 January of last year. He doesn’t have the credibility he thinks he does.”This week, Politico demanded Hawley stop using for fundraising purposes a picture of his famous raised-fist salute to protesters before the deadly attack on the Capitol by Trump supporters. Hawley indicated that he would not stop using the image.12:30PM: Senator Josh Hawley pumps his fist at pro-Trump crowd gathered at the east side of the Capitol before heading into the joint session of Congress. #Jan6NeverAgain #TheBigLie pic.twitter.com/rEFsfLY4x9— The Lincoln Project (@ProjectLincoln) April 16, 2021
On ABC, John Barrasso of Wyoming, a member of Senate Republican leadership, was asked if Hawley was guilty of “character assassination” in his attack on Jackson.“The whole process is going to be fair, respectful and thorough,” Barrasso said, adding that he found Jackson “clearly, very intelligent”.Using a key Republican attack line in an election year, Barrasso added: “Going through the record, there are some concerns that people have about her being perceived as soft on crime. That’s all going to come out with the hearings but they’re going to be respectful, they’re going to be thorough and they’re going to be fair.”Asked if Hawley’s attack was fair, Barrasso said: “Well, he’s going to have his opportunity to question the judge as will all the members of the committee.“The last time we had a hearing with [Brett] Kavanaugh, he was accused of being a serial rapist with no evidence whatsoever. So, I think we’re going to have a fair process and a respectful process, unlike what the Democrats did to Justice Kavanaugh.”In fact Kavanaugh – who denied allegations of sexual assault detailed by an alleged victim in confirmation hearings – was the second of three justices installed by Republicans under Donald Trump. The third, Amy Coney Barrett, was jammed on to the court shortly before the 2020 election, after the death of Ruth Bader Ginsberg.Mitch McConnell, the Republican Senate minority leader, told CBS’s Face the Nation he and Jackson “had a very good conversation”. He asked her, he said, to “defend the court” against those who say Democrats should expand it beyond nine justices to redress its ideological balance.Mug shot: Republican Josh Hawley told to stop using January 6 fist salute photoRead more“Ruth Bader Ginsburg and Justice Breyer both publicly opposed court packing,” McConnell said, “that is trying to increase the number of members in order to get an outcome you like. That would have been an easy thing for [Jackson] to do, to defend the integrity of the court. She wouldn’t do that.”The man who drastically shifted the balance of the court in part by denying a nomination to Barack Obama in 2016 and swiftly confirmation of Amy Coney Barrett four years later also said: “I haven’t made a final decision as to how I’m gonna vote.”Hearings begin on Monday. Jackson is expected to make a statement and answer questions. Harvard-trained, she spent two years as a federal public defender. That makes her the first nominee with significant criminal defense experience since Thurgood Marshall, the first Black American on the court.The American Bar Association has given Jackson its highest rating, unanimously “well qualified”.Janette McCarthy Wallace, general counsel of the National Association for the Advancement of Colored People, said she was excited to see a Black woman on the verge of a seat.“Representation matters,” Wallace said. “It’s critical to have diverse experience on the bench. It should reflect the rich cultural diversity of this country.”
The Associated Press contributed to this report
TopicsKetanji Brown JacksonUS supreme courtUS constitution and civil libertiesLaw (US)RepublicansDemocratsUS politicsnewsReuse this content More - in US Politics
This time McConnell holds few cards to stop Biden’s supreme court pick
This time McConnell holds few cards to stop Biden’s supreme court pick Ketanji Brown Jackson can expect little support from across the aisle but Republicans are wary of overreach before midtermsThe photograph is a study in contrasts. On the left, standing stiffly and staring glumly, is Mitch McConnell, 80, the Republican minority leader in the Senate accused of committing professional fouls when confronting judicial confirmations.On the right, at a slightly awkward distance from McConnell, is Judge Ketanji Brown Jackson, 51, chosen by a Democratic president to be the first Black woman on the US supreme court, smiling warmly at the camera, her posture more relaxed than the senator’s.Clyburn: supreme court nomination of Ketanji Brown Jackson ‘beyond politics’Read moreThis was one stop for Jackson this week when she began courting senators from both sides of the aisle ahead of nomination hearings that start on 21 March before a vote in the full chamber.For McConnell, who blocked President Barack Obama’s 2016 nominee Merrick Garland then oversaw the confirmation of three conservative justices under President Donald Trump, there are few options this time. Democrats can confirm Jackson without Republicans in a Senate that is divided 50-50 and where Vice-President Kamala Harris wields the tiebreaker vote.Experts predict that Republicans will use the process to score some political points – just as Democrats did in 2020 when they were powerless to block Amy Coney Barrett’s ascent to the court – but ultimately they will not resort entirely to scorched earth tactics.McConnell and colleagues know that Jackson is replacing a fellow liberal, the retiring Stephen Breyer, and so will not change the 6-3 conservative majority on the court. They are also aware that opinion polls suggest a thumping Republican victory in November’s midterm elections and do not want to risk an overreach that might change that trajectory.“It would be difficult for the Republicans to stop it and a very strong, aggressive effort to block her confirmation could be perceived as being racially motivated,” said Edward Fallone, an associate professor at Marquette University Law School. “They’re already in a favorable position for the midterm elections and the last thing they want to do is erode that by getting accused of being racist at this time. So they should just stay out of the way.”But that will not necessarily prevent some Republicans using racist dog whistles to rile up the Trump base, as they have before.At a confirmation hearing last November, for example, the Republican senator John Kennedy told Kazakh-born Saule Omarova, nominee for comptroller of the currency: “I don’t mean any disrespect: I don’t know whether to call you professor or comrade.” She replied: “Senator, I’m not a communist.”Fallone commented: “There are certainly going to be the Republican loose cannons but the question would be whether one of the more mainstream Republicans slips up and makes a comment that’s perceived as racist.”There was an early preview of the potential for bigotry this week when, after Biden championed Jackson in his State of the Union address as “one of our nation’s top legal minds”, Tucker Carlson, an influential host on the conservative Fox News network, remarked: “It might be time for Joe Biden to let us know what Ketanji Brown Jackson’s LSAT score was.”LSAT is the Law School Admission Test. Critics noted that Carlson never made a similar demand for the LSAT scores of white justices appointed by Trump.Jackson has served since last year on the US court of appeals for the District of Columbia circuit after eight years as a federal district judge in Washington and worked earlier as a supreme court clerk for Breyer. She is related by marriage to the former House speaker Paul Ryan, now a board member at the parent company of Fox News.Democrats hope to confirm her before the Easter recess starts on 11 April. She was accompanied this week by Doug Jones, a civil rights lawyer and former senator from Alabama. After a 40-minute meeting, the Democratic majority leader, Chuck Schumer, told reporters: “She deserves support from the other side of the aisle, and I am hopeful that a good number of Republicans will vote for her, given who she is.”But McConnell has raised questions about Jackson’s short record as an appellate judge, which includes only two opinions so far. “I am troubled by the combination of this slim appellate record and the intensity of Judge Jackson’s far-left, dark-money fan club,” the senator from Kentucky said.It was a clue that the days when supreme court justices were confirmed with more than 90 bipartisan votes are long gone and that most Republicans are likely to oppose Jackson, despite her receiving support from the Fraternal Order of Police and former judges appointed by Democrats and Republicans.Even so, few predict a bareknuckle fight that will dominate national headlines like the confirmation hearing for Brett Kavanaugh, who faced allegations of sexual misconduct from his teenage years.Christopher Kang, co-founder and chief counsel of the progressive pressure group Demand Justice, said: “They have nothing to turn it into a battle over. At the end of the day, Republicans still control a supermajority of the supreme court so the substantive stakes are not there for them.“There’s nothing in Judge Jackson’s record that they could turn into a rallying cry on their side either so I do think that it will be a somewhat muted battle. Or perhaps, as too often seen with women of color who are judicial nominees, unfortunately it may end up devolving into some racist and misogynist attacks. But it won’t be based on her record at all.”Susan Collins of Maine, Lisa Murkowski of Alaska and Lindsey Graham of South Carolina were the only Republicans to vote to confirm Jackson to the appeals court last year. While Collins appears open to voting for Jackson again, Murkowski has said her previous vote did not mean she would be supportive this time. Graham had advocated for a different candidate from his home state, federal judge Michelle Childs, and expressed disappointment that she was not Biden’s pick.But, along with rightwing media, some outside advocacy conservative organisations are attacking Jackson’s nomination.The Judicial Crisis Network (JCN) has launched a $2.5m campaign trying to make the case that a “liberal dark money network” helped get Biden elected, pressured Breyer to retire and is now seeking to replace him with “a rubber stamp for their unpopular and far-left political agenda”.Curt Levey, president of the conservative Committee for Justice, said: “The strategy on our side is not to really try to stop her but to try to make some larger points. I think JCN is making a point about dark money groups pressuring Biden to choose the most progressive of the three choices [the other frontrunners were Childs and California supreme court justice Leondra Kruger].”Levey’s own group does not see it as worthwhile to spend money on TV adverts, however. “We can be effective on those larger points but I don’t think there’s any amount of commercials you could run that would stop her from being confirmed.”It is a pragmatic view shared by John Cornyn, a Republican member of the Senate judiciary committee, who is due to meet Jackson on 10 March and does not expect surprises. He told reporters: “She’s not new to us. Given the fact that she’s not going to change the ideological balance on the court … we all have a pretty good idea what the outcome is likely to be.”TopicsKetanji Brown JacksonUS supreme courtUS SenateRepublicansUS politicsfeaturesReuse this content More
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Clyburn: supreme court nomination of Ketanji Brown Jackson ‘beyond politics’
Clyburn: supreme court nomination of Ketanji Brown Jackson ‘beyond politics’South Carolina congressman extracted Biden’s promise to instal first Black woman on court
Opinion: Jackson will be a superb addition to the court
The supreme court nomination of Ketanji Brown Jackson should be placed “beyond politics”, the politician who extracted Joe Biden’s politically priceless promise to instal the first Black woman on the court said on Sunday.Tucker Carlson condemned for Ketanji Brown Jackson ‘Rwanda’ commentsRead moreBiden introduced Jackson as his pick to replace the retiring Stephen Breyer this week.Some Republicans have complained that nominations should not be made on grounds of race or gender – ignoring promises to put women on the court acted on by Ronald Reagan and Donald Trump.Others have complained about how Democrats treated one of Trump’s nominees, Brett Kavanaugh, who denied allegations of sexual assault. Others have objected on ideological grounds, for example Lindsey Graham, a member of the Senate judiciary committee, claiming the Jackson nomination was the work of the “radical left”.James Clyburn, the South Carolina congressman and House Democratic whip whose endorsement both propelled Biden to the presidential nomination and produced his promise to pick a Black woman, appeared on Sunday on CBS’s Face the Nation.He said: “This is beyond politics. This is about the country, our pursuit of a more perfect union, and this is demonstrative of another step in that pursuit.”Of 115 supreme court justices, 108 have been white men. Two have been Black men, five women. As well as being the first Black woman on the court, Jackson would be the fourth woman on the current nine-justice panel, joining liberals Elena Kagan and Sonia Sotomayor and Amy Coney Barrett, a hardline conservative.Clyburn said he hoped “that all my Republican friends will look upon” the nomination of Jackson as being “beyond politics”.“Let’s have a debate,” he said. “Let’s talk to her about her rulings and about her philosophy. But in the final analysis, let’s have a strong bipartisan support to demonstrate that both parties are still in pursuit of perfection”.No supreme court nomination – or, most observers would argue, hearing or ruling – is ever above politics. If confirmed, Jackson will not alter the balance of a court tilted 6-3 to conservatives by Republican political hardball which gave Trump three picks.Before Biden made his decision, Clyburn and Republicans including Graham and the other South Carolina senator, Tim Scott, championed J Michelle Childs, a judge from their state. Clyburn said it would be important to instal a justice who did not go to Yale or Harvard. Jackson went to Harvard.“It’s more traditional, no question about that,” Clyburn told CBS. “This means that we will continue that tradition, and I am one, as you can see, that’s not so much for tradition. I want to see us break as much new ground as possible.“But … in the final analysis, I think this is a good choice. It was a choice that brings on to the court a background and some experiences that nobody else on the court will have. And I think when you look at not just [Jackson’s] background in the family, life, but also her profession, she was a public defender. That adds a new perspective to the court.”Steve Vladeck, a professor at the University of Texas, has pointed out that Jackson has more trial experience than four current justices combined – including the chief, John Roberts.Clyburn also said a successful confirmation process could help Biden politically with Black voters facing difficulties familiar to most Americans, particularly inflation.“When you have an opportunity to make an appointment like you just had,” he said, “and he made an African American appointment, I guarantee you, you see some of that move up. It may not move up with the people who are having income problems, but it will move up to those who have other reservations about the president.”Last year, Jackson was confirmed to the court of appeals for the DC circuit with support from three Republican senators: Graham, Susan Collins of Maine and Lisa Murkowski from Alaska.‘Leaders lead during crises’ – but Biden’s approval rating hits new low, poll findsRead moreThis year, Democrats will be able to confirm Jackson simply by keeping their 50 votes together and using Kamala Harris’s casting vote as vice-president.But on Sunday Mitt Romney of Utah told CNN’s State of the Union he could vote to confirm Jackson.“Yes,” the former presidential nominee said, “I’m going to take a very deep dive and had the occasion to speak with her about some of the concerns when she was before the Senate to go on to the circuit court.“Look, her nomination and her confirmation would or will be historic. And like anyone nominated by the president of the United States, she deserves a very careful look, a very deep dive. And I will provide fresh eyes to that evaluation, and hope that I will be able to support her in the final analysis.”TopicsKetanji Brown JacksonUS supreme courtUS constitution and civil libertiesLaw (US)US politicsRaceDemocratsnewsReuse this content More - in US Politics
Ketanji Brown Jackson’s nomination is rare moment of celebration for Biden
Ketanji Brown Jackson’s nomination is rare moment of celebration for BidenBiden is embattled on all fronts – from a stalled domestic agenda to international order – but a supreme court pick is an enduring act Two years ago exactly, Joe Biden stood on a debate stage in Charleston, South Carolina, his candidacy on the ropes, and made a promise: if elected president, he would nominate the first Black woman to the supreme court.Days later, Biden won the South Carolina primary on the strength of his support among Black voters. The victory propelled him to the Democratic nomination and then to the presidency. Last month, Justice Stephen Breyer announced his retirement, presenting Biden with an opportunity to fulfill that campaign commitment.Ketanji Brown Jackson: who is Biden’s supreme court choice?Read moreOn Friday, Biden stood before a podium in the White House’s Cross Hall to nominate Judge Ketanji Brown Jackson to supreme court, declaring that the highest court in the land should reflect “the full talent and greatness of our nation”.If eventually confirmed by the senate, she will be the first Black woman to serve on the supreme court in its 232-year history.It was a rare moment of celebration for Biden, embattled on nearly every front. His once hugely ambitious domestic agenda is stalled, perhaps permanently; the Democrats’ tenuous control of Congress faces historic headwinds in this year’s midterm elections; and the international order that Biden spent much of his political career defending faces its gravest threat in decades after the Russian invasion of Ukraine.But the nomination of a supreme court justice is one of the most enduring acts of any president’s legacy. And for Biden, it is particularly resonant.Biden has said that he hopes the diversity he has brought to the federal government will be long-lasting. After serving as the vice-president to the nation’s first Black president, he chose Kamala Harris to be his running mate, which led her to become the first Black and Asian American woman to serve as vice-president.His cabinet is the most diverse in US history. And in his first year, Biden nominated a record number of district and appeals court judges from a range of racial, ethnic, geographical and legal backgrounds.Black voters, and Black women especially, were the driving force behind Biden’s nomination and his presidency. According to exit polls in 2020, Black women were his most loyal supporters, with 90% casting their ballots for him.In January 2021, Black female organizers in Georgia helped Democrats win two Senate runoff elections, cementing the party’s control of the chamber and delivering to Biden narrow but meaningful congressional majorities.Yet Biden has failed to enact much of his racial justice agenda. Democrats failed to overcome a Republican filibuster of voting rights legislation, designed to combat the raft of restrictive voting laws being enacted by conservative legislatures across the country. Attempts at policing reform sputtered last year, while the economic provisions of his Build Back Better agenda intended to combat soaring income inequality remain stalled in the Senate amid opposition from his own party.In that sense, Jackson’s nomination is a rare opportunity for Biden to make good on a promise to Black women.Democrats alone could confirm Jackson to the supreme court, with Harris breaking the tie. When Jackson was confirmed to the appeals court last year, she won the support of three Republican senators. But one of them, Senator Lindsey Graham, already criticized her nomination, saying it was a sign that the “radical left has won President Biden over yet again”.But for many, and especially for Black women, Jackson’s nomination, at the end of Black History Month, was a moment of vindication and pride.“She is eminently qualified to serve our nation on our highest court,” said Harris, a former federal prosecutor. “And while she will be the first Black woman on the supreme court, Judge Jackson will not be the last.”Barack Obama, who nominated Jackson to serve as a district court judge in Washington DC, said the judge had “already inspired young Black women like my daughters to set their sights higher and her confirmation will help them believe they can be anything they want to be”.In a statement announcing his decision to nominate Jackson, Biden recalled a formative exchange between a teenage Jackson and her high school guidance counselor.When Jackson, the daughter of public school teachers whose parents grew up in the segregated south, told her counselor that she wanted to attend Harvard, the counselor warned her that she should not set her expectations “so high”.“That didn’t stop Judge Jackson,” Biden said. Jackson graduated at the top of her class from Harvard College, then attended Harvard Law School, where she excelled as an editor of the Harvard Law Review.Now, she is poised to make history as a supreme court justice.TopicsKetanji Brown JacksonJoe BidenUS supreme courtUS politicsLaw (US)analysisReuse this content More
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‘Historic day’: Democrats praise Biden supreme court pick Ketanji Brown Jackson
‘Historic day’: Democrats praise Biden supreme court pick Ketanji Brown JacksonSome Republicans are less enthused, claiming that race and gender shouldn’t play a role in the nomination Democrats enthusiastically welcomed Joe Biden’s supreme court nominee, Ketanji Brown Jackson, who if confirmed would serve as the first Black woman on the United States’ highest court.As reactions poured in from both sides of the political aisle, Barack Obama shared his congratulations about the news of Jackson’s nomination.Biden confirms he will nominate Ketanji Brown Jackson to supreme court – liveRead more“I want to congratulate Judge Ketanji Brown Jackson on her nomination to the Supreme Court,” said Obama in a statement. “Judge Jackson has already inspired young Black women like my daughters to set their sights higher, and her confirmation will help them believe they can be anything they want to be.”The Senate majority leader, Chuck Schumer, shared his support via Twitter: “With her exceptional qualifications, Judge Ketanji Brown Jackson will be a Justice who will uphold the constitution and protect the rights of all Americans, including the voiceless and vulnerable.”Senate majority whip Dick Durbin of Illinois, who is also chair of the Senate judiciary committee, also praised Jackson’ selection. He said: “To be the first to make history in our nation you need to have an exceptional life story. Judge Jackson’s achievements are well known to the Senate judiciary committee as we approved her to the DC circuit less than a year ago with bipartisan support. We will begin immediately to move forward on her nomination with the careful, fair, and professional approach she and America are entitled to.”South Carolina representative James Clyburn, who helped get Biden to make a pledge for a Black woman supreme court nominee, also celebrated Jackson’s nomination, writing in a statement: “Ketanji Brown Jackson, an outstanding judge on the DC circuit court of appeals, has been nominated by president Joe Biden to become the first African American woman on the US supreme court. This is a glass ceiling that took far too long to shatter, and I commend President Biden for taking a sledgehammer to it. I congratulate Judge Jackson and offer my full support during the confirmation process and beyond.”“This is a historic day for women, for BIPOC representation, and for our Judiciary,” tweeted Florida representative and co-chair of the Democratic Women’s Caucus Lois Frankel.Progressive Massachusetts representative Ayanna Pressley also added her voice, tweeting: “Bold. Principled. Qualified. Dedicated to justice. POTUS has met the moment with the historic nomination of Judge Ketanji Brown Jackson and we must have swift confirmation.”“233 years. That’s how long we have waited to have a Black woman nominated to the supreme court,” wrote Missouri representative Cori Bush about Jackson’s nomination. “There are no words to describe how my soul is moved by witnessing her nomination.”Progressive advocacy groups similarly shared their congratulations.“We need a justice on the bench who will uphold reproductive freedom. This historic nomination is a chance to shape the court for decades to come,” tweeted the pro-choice group Naral Pro-Choice, alluding to important abortion cases that the supreme court has heard recently, including the Texas abortion ban and an upcoming case that will decide the fate of Roe v Wade.Some Republicans seemed notably less joyous about Jackson’s nomination, following on their complaints that race and gender should not play a role in the selection process despite similar commitments from past Republican presidents.“If media reports are accurate, and Judge Jackson has been chosen as the supreme court nominee to replace Justice Breyer, it means the radical Left has won President Biden over yet again,” tweeted South Carolina senator Lindsey Graham, adding that Democrats potentially blocked the nomination of Judge J Michelle Childs.Childs, a judge in the US district court for the district of South Carolina, had notable bipartisan support from her state’s congressional delegation due to her non-Ivy league education and judicial reputation. But she had less support from some progressives, who questioned her work at a private law firm defending employers accused of race and gender discrimination as well as sexual harassment.Graham previously voted to confirm Jackson to the DC circuit court last June.In his statement, Clyburn, a close Biden ally, also acknowledged Childs as a potential Biden pick, writing: “Although not the finalist, Judge Childs’ inclusion among the three that were interviewed continues her record of remarkable contributions to making this country’s greatest accessible and affordable for all. And, she continues to make all South Carolinians proud.”Senator Susan Collins of Maine, another Republican senator who confirmed Jackson to the DC circuit court, also released a statement on Jackson’s nomination, writing: “Ketanji Brown Jackson is an experienced federal judge with impressive academic and legal credentials. I will conduct a thorough vetting of Judge Jackson’s nomination and look forward to her public hearing before the Senate judiciary committee and to meeting with her in my office.”Republican senator Mitt Romney of Utah, a potential yes vote for Jackson’s nomination, also released a statement on her selection: “One of my most serious constitutional responsibilities as a senator is to provide advice and consent on a supreme court nomination, and I believe our next justice must faithfully apply the law and our constitution – impartially and regardless of policy preferences.“Judge Ketanji Brown Jackson is an experienced jurist, and I know her historic nomination will inspire many. I look forward to meeting in person with Judge Jackson, thoroughly reviewing her record and testimony, and evaluating her qualifications during this process.”TopicsKetanji Brown JacksonUS supreme courtLaw (US)US politicsnewsReuse this content More
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Biden nominates Ketanji Brown Jackson to become first Black woman on supreme court
Biden nominates Ketanji Brown Jackson to become first Black woman on supreme courtWhite House praises ‘exceptionally qualified nominee’Jackson, if confirmed, will replace retiring Stephen Breyer Joe Biden on Friday nominated Judge Ketanji Brown Jackson to the supreme court, seeking to elevate a Black woman to the nation’s highest court for the first time in its 232-year history.Biden’s decision to nominate Jackson to succeed Justice Stephen Breyer, 83, for whom she clerked, sets up a fierce confirmation battle in the deeply partisan and evenly-divided Senate. Breyer, the most senior jurist in the court’s three-member liberal wing, will retire at the end of the court’s current session this summer.Speaking from the Cross Hall of the White House, the president introduced the 51-year-old judge to the nation as “the daughter of former public school teachers” and a “proven consensus-builder” who has displayed “a pragmatic understanding that the law must work for the American people”.Ketanji Brown Jackson: who is Biden’s supreme court choice?Read moreHer nomination comes exactly two years to the day after Biden, struggling miserably in his third campaign for the presidency, vowed to nominate a Black woman to the supreme court if elected president.“For too long, our government, our courts, haven’t looked like America,” Biden said, flanked by Jackson and vice-president Kamala Harris, the first Black and Asian American woman to serve as vice president, whom the president said was influential in helping him make this consequential decision. “I believe it’s time that we have a court that reflects the full talents and greatness of our nation.”Jackson, who was widely considered a frontrunner for the nomination,sits on the powerful US court of appeals for the DC circuit, after winning bipartisan approval during her Senate confirmation last year, when Biden elevated her from the federal district court in the District of Columbia.Born in the nation’s capital and raised in Miami, Jackson clerked for Breyer during the supreme court’s 1999-2000 term. She is a graduate of Harvard College and Harvard Law School, an elite background that matches the resumes of several justices on the supreme court but which Republicans have sought to paint her as out-of-touch.In Jackson, Biden said he found a nominee who shared a “uniquely accomplished and wide ranging background” as the justice she would replace if confirmed. In her remarks, Jackson praised the retiring justice for exemplifying “civility, grace, pragmatism and generosity of spirit”.“Members of the Senate will decide if I fill your seat,” she said. “But please know that I could never fill your shoes.”Across her broad legal career, Jackson worked as a public defender, an experience that sets her apart from most judges sitting on the federal bench. She previously served as vice-chair of the US Sentencing Commission, where she focused on reducing sentencing disparities as part of the agency’s work setting sentencing guidelines in federal criminal cases.In its statement, the White House said Biden sought a nominee “who is wise, pragmatic, and has a deep understanding of the constitution as an enduring charter of liberty”.It added: “The president sought an individual who is committed to equal justice under the law and who understands the profound impact that the supreme court’s decisions have on the lives of the American people.”Jackson’s confirmation would not affect the ideological composition of the court, controlled by a conservative super-majority of six justices, including three appointed by Donald Trump, but it does secure a liberal seat on the bench probably for decades to come.The opportunity to name a justice to the supreme court is a welcome bright spot for the president, whose approval ratings have fallen to record lows as he confronts myriad crises at home and abroad. It is also his most significant opportunity yet to shape the federal judiciary, which remains overwhelmingly white and male. In his first year, Biden nominated a record number of district and appeals court judges from a range of racial, ethnic, geographical and legal backgrounds.When Breyer announced his retirement in January, Biden vowed to nominate a jurist with “extraordinary qualifications, character, experience and integrity”. And, reaffirming his campaign pledge, he added “that person will be the first Black woman ever nominated to the United States supreme court.”Urged by congressman Jim Clyburn of South Carolina ahead of his state’s primary, Biden made the pledge during a debate. Days later, with Clyburn’s endorsement, Black voters lifted Biden to a resounding victory in the South Carolina primary that set in motion a string of successes that ultimately earned him the nomination and later the White House.The promise divided Republican senators, some of whom argued that race or gender shouldn’t play a role in the selection process, despite similar commitments from Republican presidents Ronald Reagan and Trump.Democratic leaders on Capitol Hill have said they intend to move forward quickly with the confirmation process.Senate leader Chuck Schumer said: “The historic nomination of Judge Jackson is an important step toward ensuring the supreme court reflects the nation as a whole. As the first Black woman supreme court justice in the court’s 232-year-history, she will inspire countless future generations of young Americans.”Schumer added: “With her exceptional qualifications and record of evenhandedness, Judge Ketanji Brown Jackson will be a Justice who will uphold the constitution and protect the rights of all Americans, including the voiceless and vulnerable.”Jackson has successfully navigated the Senate confirmation process on three occasions, winning support from both parties each time. But nothing compares to the glare of a supreme court nomination hearing. Already, her nomination is being met with resistance from Republicans.South Carolina senator Lindsey Graham, one of the three Republicans who voted to confirm her to the court considered the second highest in the land in 2021, said her nomination suggested the “radical left has won President Biden over yet again”.He had expressed a preference for J Michelle Childs, a US district judge in his home state of South Carolina.Ketanji Brown Jackson’s nomination is rare moment of celebration for BidenRead moreUnlike for most major pieces of legislation, Democrats can confirm Jackson with their 50 votes and Harris breaking the tie.If confirmed, Jackson would become the sixth woman to serve on the court and only the third Black justice, both men. They are Clarence Thomas, a conservative who was appointed in 1991 and is still serving, and Thurgood Marshall, the first African American supreme court justice.It will be the first supreme court confirmation hearing for a Democratic president since Elena Kagan was nominated by Barack Obama 12 years ago. Republicans refused to hold a hearing for Obama’s nominee, Merrick Garland, which further poisoned what has become scorched-earth affairs.On the appellate court, Jackson served in the seat held by Garland, after he became the attorney general.But there are already early signs that this confirmation may be different, as Republicans weigh how aggressively to confront Biden’s nominee, particularly when it will not affect the balance of the court.With their agenda stalled and the president unpopular, Democrats are hopeful the nomination will energize their base as they brace for a political backlash in this year’s midterm elections.Closing her remarks, Jackson acknowledged the historic nature of her nomination by noting an “interesting coincidence”: she shares a birthday with Constance Baker Motley, the first Black woman to become a federal judge.“Today, I proudly stand on Judge Motley’s shoulders, sharing not only her birthday, but also her steadfast and courageous commitment to equal justice under law,” Jackson said.And if confirmed, she concluded, “I can only hope that my life and career, my love of this country and the constitution and my commitment to upholding the rule of law and the sacred principles upon which this great nation was founded, will inspire future generations of Americans.”TopicsKetanji Brown JacksonUS supreme courtLaw (US)US politicsJoe BidenBiden administrationnewsReuse this content More
