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Dear John,
“Grace under pressure” is how Sen. Amy Klobuchar described Judge Ketanji Brown Jackson’s performance today, and we could not agree more. Following a dinner recess, senators will be continuing with their first round of questions within the hour.
From the onset, Chairman Durbin set the record straight on attacks unfairly raised yesterday regarding Judge Jackson’s sentencing practices and judicial approach. In explaining her record, her commitment to public service, and how her experiences have shaped her judicial methodology, her impressive temperament and obvious intellect were on full display. Today’s testimony further underscored Judge Jackson’s qualifications and dedication to be a fair and impartial justice for all.
AFJ has been hard at work fact-checking and emphasizing her distinguished qualifications. Follow along with us as we live tweet the proceedings @AFJustice and consider making a donation to support the work of our renowned judicial research and advocacy team [[link removed]] .
Below are five takeaways from today’s hearing:
1. Judge Jackson repeatedly demonstrated her commitment to liberty and equal justice.
Judge Jackson once again demonstrated her steadfast commitment to serving as a jurist who guarantees equal justice under the law, a commitment she has demonstrated across nearly 600 judicial opinions as a federal judge. Judge Jackson described her own judicial philosophy and the role of 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 . . . it’s very important that judges rule without fear or favor.”
2. Judge Jackson understands how her nomination fosters confidence in the Supreme Court
Senators of both parties highlighted the historic nature of her nomination. Judge Jackson herself connected her nomination with our democracy. Judge Jackson expressed hope that her confirmation will “bring confidence, [that] it will help inspire people to understand that our courts are like them, that our judges are like them, doing the work, being part of our government.”
3. Judge Jackson believes our constitutional principles do not change based on who appears before her.
Republicans baselessly harped on her purported lack of “judicial philosophy.” In fact, Judge Jackson, who has issued nearly 600 opinions, repeatedly described a judicial methodology that ensures all people, not just the rich and powerful, have an opportunity to be heard in her courtroom.
As just one example, she recounted how important it was for her as a District Court judge to ensure that defendants in criminal cases understood the legal process, their crimes, and the impact of their actions on society: “When people go through the criminal justice system and don’t have a good understanding, they tend not to take responsibility for their actions... I focused on the harms of the behavior that was at issue. When I sentenced a defendant, I made clear, here is the problem, this is what you’ve done, here is the damage to our society. I don’t know if I would have done that had I not been a criminal defense lawyer.”
4. Respect for public safety and fairness can go hand in hand.
Lindsey Graham and other Republicans repeatedly tried to attack Judge Jackson based on her work as an associate federal public defender who did her job by vigorously advocating for the defendants she was assigned. Republicans misrepresented her work on behalf of Guantanamo detainees and Senator Graham stormed out of the room after being corrected by Chairman Durbin. They misrepresented her decisions in child pornography cases. They misrepresented her work on the bipartisan Sentencing Commission. Their misleading attacks don’t hold up to the honorable reality of her public service.
Judge Jackson also spoke about how her family’s law enforcement ties contributed to her understanding of public safety issues: “As someone who has had family members on patrol and in the line of fire, I care deeply about public safety. I know what it’s like to have loved ones who go off to protect and to serve, and the fear of not knowing whether or not they are going to come home again, because of crime in the community.”
5. Republicans have so little to attack in Judge Jackson’s record that they continued to talk about almost any other grievance
Senator Graham absurdly questioned Judge Jackson about her faith in order to criticize Democratic senators’ concerns of Justice Barrett, then bemoaned the rejection of his preferred pick, Judge Michelle Childs. Senator Cruz literally spent time showing blown-up pictures of children’s books teaching kids about racism. Several Republican Senators also continued to harp on Democrats’ treatment of Republican nominees from decades ago, including Justice Samuel Alito and Judge Janice Rogers Brown.
Rather than focus on Judge Jackson’s experiences as a trial and appellate judge or her well-rounded record on administrative law, criminal justice, and civil rights, they asked repetitive, disingenuous questions about her judicial philosophy and her sentencing decisions of the most abhorrent offenders, all of which Judge Jackson answered with painstaking clarity.
We saw the far right not only treat Judge Jackson unfairly today, but heard their plans to gut reproductive rights and roll back marriage equality – for LGBTQ+ Americans and for interracial couples [[link removed]] [[link removed]] ! We know the stakes. We fight every day for a full judiciary that respects the rights of everyone, not just the rich and powerful.
Judge Jackson will be a phenomenal justice, but we need more judges like her at every level of the judiciary. Donate today [[link removed]] to help us transform the courts.
We’ll be back in touch tomorrow morning to recap the rest of today’s hearing. Have a good night!
Alliance for Justice
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