Day One: Biden Nominee Promises To Defend The Constitution As Republicans Take Aim At Her Record

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WASHINGTON — President Joe Biden’s Supreme Court nominee promised to defend the Constitution before the Senate Judiciary Committee in her first day of confirmation hearings as Republicans raised questions about her record.

“During this hearing, I hope you will see how much I love this country, the Constitution, and the rights that make us free,” said Judge Ketanji Brown Jackson during her opening statement on Monday.

“I decide cases from a neutral posture,” she continued. “I evaluate the facts, and I interpret and apply the law to the facts of the case before me without fear or favor, consistent with my judicial oath.”

Jackson promised that her role as a judge is “a limited one” and that the Constitution only gives her the ability to decide cases and controversies that are “properly presented.”

“I know that my judicial role is further constrained by careful adherence to precedent,” she added. She also noted that she could never fill the shoes of Justice Stephen Breyer, who would replace if confirmed.

Her remarks followed several hours of statements from senators on the Senate Judiciary Committee. On Tuesday, Jackson will face questioning from the 22 members beginning at 9 a.m. Eastern.

Republican Missouri Sen. Josh Hawley had raised concerns last week that Jackson’s record demonstrates that she “has a pattern of letting child porn offenders off the hook for their appalling crimes.”

His announcement prompted House Republicans to send a letter Monday to the leaders of the Senate Judiciary Committee calling for a full investigation of Jackson’s past rulings as a judge.

That letter, which was first obtained by the Daily Caller, calls on the committee to specifically look into three child pornography cases from when Jackson was vice-chair of the U.S. sentencing commission.

Hawley promised during his opening statements that he is not trying to trap Jackson with any “gotcha” questions, emphasizing that “she deserves a chance” to talk about her record.

“Some have asked, why did I raise these questions ahead of the hearing?” Hawley said. “Why not wait until the hearing and spring them on Judge Jackson, as it were? And my answer to that is very simple.”

“I’m not interested in trapping Judge Jackson,” he said.

“I’m not interested in trying to play gotcha,” he continued. “I’m interested in her answers, because I found in our time together that she was enormously thoughtful and enormously accomplished and I suspect has a coherent view and explanation.”

Republican Tennessee Sen. Marsha Blackburn, the only Republican female member on the committee, expressed concerns in her opening statement about Jackson’s lack of “judicial philosophy.”

“I was concerned during our conversation earlier this month when you told me that you really didn’t have a judicial philosophy,” Blackburn said. “The American people deserve a Supreme Court justice with a documented commitment to the text of the Constitution and the rule of law, not a judicial activist who will attempt to make policy from the bench.”

Blackburn added: “Without a judicial philosophy a judge is legally adrift and will be inclined to consider policy rather than law.”

Jackson has previously articulated that her judicial philosophy is to strictly adhere to the “rule of law,” keep an open mind, and decide every issue in a “transparent, straightforward manner, without bias or any preconceived notion of how the matter is going to turn out.”

Her nomination to the Supreme Court has been financially propelled by Demand Justice, a judicial activism organization whose board member Elie Mystal recently drew backlash for saying the Constitution is “kind of trash.”

Mystal also accused Hawley last week of trying to get Jackson killed, calling Hawley’s allegations “trumped up alleged issues about her sentencing for sex offenders.”

“Because what Josh Hawley is doing when he tries to do this is he’s trying to get her killed,” he continued. “He’s trying to get violence done against a Supreme Court nominee.”

Alternatively, Democrats on the Senate Judiciary Committee praised Jackson and highlighted the historic nomination of a black woman to the Supreme Court.

“Some of my Republican colleagues and public figures have attempted to undermine your qualifications through their pejorative use of the term ‘affirmative action,’ and they have implied you were solely nominated due to your race and not for other factors,” said Democratic Hawaii Sen. Mazie Hirono. “This is incredibly offensive and condescending.”

“Let me be clear,” added Hirono. “Your nomination is about not about filling a quota. It is about time. It’s about time that we have a highly qualified, highly accomplished black woman on the Supreme Court. It’s about time our highest court better reflects the country it serves.”

Democratic Illinois Sen. Dick Durbin, who is the chair of the Senate Judiciary Committee, suggested that questions aimed at Jackson’s judicial record amounted to “unfair” attacks, criticizing Republicans for saying that Jackson is soft on crime.

These accusations fly “in the face of pledges my colleagues made that they would approach your nomination with civility and respect,” he said.

“I’m confident the American people will see through these attacks and any other last minute attempts to derail your confirmation,” Durbin said.

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