Jackson on track for confirmation but Republican votes in doubt
After more than 30 hours of hearings, the Senate is on track to confirm Ketanji Brown Jackson as the first Black woman on the Supreme Court. But Democrats seem unlikely to confirm her with a robust bipartisan vote, dashing President Joe Biden’s hopes for a grand reset after partisan battles over other high court nominees.
On Thursday, just hours after the hearings came to a close, Senate Republican Leader Mitch McConnell announced he will vote against Jackson’s confirmation. He said in a Senate floor speech that he “cannot and will not” support her for a lifetime appointment.
McConnell slammed the liberal groups that have supported Jackson and he criticized her for refusing to take a position on the size of the nine-member court, even though that decision is ultimately up to Congress. Some advocacy groups have pushed for enlarging the court after three justices nominated by former President Donald Trump cemented a 6-3 conservative majority.
McConnell also cited concerns about her sentencing of criminal defendants — a subject that dominated much of the four days of hearings and was part of a coordinated GOP effort to portray her as soft on crime.
His position was expected, and does not affect Jackson’s trajectory to be confirmed by mid-April.
But the leader’s quick declaration could prompt many of his fellow Republicans to follow suit, thwarting Biden’s efforts to bring back the overwhelming bipartisan votes that were commonplace for Supreme Court nominees when he first came to the Senate five decades ago.
“I think whomever I pick will get a vote from Republican side,” Biden said after Justice Stephen Breyer announced he would step down from the court this summer. As he started his search for a replacement, the president made a point of inviting Republican senators to the White House to hear their advice.
While many GOP senators have praised Jackson’s vast experience and qualifications, it was clear at the hearings that Biden’s outreach had little effect.
Republicans on the Senate Judiciary Committee interrogated Jackson about her nine-year record as a federal judge, frequently interrupting her answers. Jackson, supported by committee Democrats, pushed back aggressively on Republicans who said she gave light sentences to sex offenders, explaining her sentencing process in detail and telling them “nothing could be further from the truth.”
The focus on crime dovetails with an emerging GOP theme for this year’s midterm elections and is likely to be decisive for many Republican senators. Others have brought up separate reasons to vote against her — from her support from liberal groups to her socalled “judicial philosophy.”
One or more Republicans could still cast a vote for Jackson’s confirmation, but the contentious nature of the four-day hearings laid bare a familiar partisan dynamic, seen over years of pitched fighting over judicial nominations.
Senate Judiciary Committee Chairman Dick Durbin, who has been privately lobbying GOP colleagues to support Jackson, said after McConnell’s announcement that it will be “sad for our country and sad as a commentary on where the parties are today” if her historic nomination is approved on a strictly partisan vote. “The Republicans are testing their messages for the November election,” Durbin said.