[Congressional Record Volume 168, Number 60 (Tuesday, April 5, 2022)]
[Senate]
[Pages S1975-S1976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF KETANJI BROWN JACKSON
Mrs. FEINSTEIN. Madam President, I rise today in support of the
nomination of Ketanji Brown Jackson to be an Associate Justice on the
U.S. Supreme Court. I have had the privilege of serving in this body
for nearly three decades now.
In that time, I have participated in the confirmation hearings of 10
Supreme Court Justices and hundreds of nominees to our Federal circuit
and district courts. I have carefully scrutinized Judge Jackson's
record and listened very closely to her testimony. In my view, Judge
Jackson is both well qualified and extremely prepared to take on the
important role of serving on the U.S. Supreme Court.
Judge Jackson is a graduate of both Harvard University and Harvard
Law School, a former Supreme Court clerk, a former Federal public
defender, and a former U.S. Sentencing Commissioner. On top of that,
Judge Jackson has served as a federal judge for nearly a decade.
Judge Jackson would be the first Federal public defender to sit on
the Supreme Court and the first Justice since Thurgood Marshall with
significant experience representing low-income defendants in criminal
cases. As a former public defender, Judge Jackson truly understands the
power of our constitutional rights, including the Sixth Amendment right
to counsel and the Fifth Amendment right to due process. Judge Jackson
would also join Justice Sotomayor as the only former Federal district
court judges serving on the Supreme Court.
What has impressed me most about Judge Jackson does not appear on her
resume. That is Judge Jackson's steadfast commitment to the fair and
impartial application of the law, her deep knowledge of the U.S.
Constitution, and her remarkable judicial temperament. These qualities
were demonstrated in her testimony before the Judiciary Committee
earlier this month. They were also shown in the letters and testimony
of the many people--of all ideological viewpoints--who have supported
Judge Jackson's nomination.
First, Judge Jackson's respect for the law and the Constitution are
clear from the nearly 600 legal opinions she has drafted as a Federal
judge. Her legal opinions are clear and detailed. As she explained
during her confirmation hearings, Judge Jackson carefully and fairly
applies the law to the specific facts of each case. And Judge Jackson
takes the time to explain why she reached each decision. In my view, it
is important that the decisions of the Supreme Court are accessible to
the American people. Judge Jackson's approach to judicial decision-
making will help to ensure transparency in her judging and help to
restore the public's confidence in the decisions of the Supreme Court.
Second, Judge Jackson clearly has deep legal knowledge. During her
more than 20 hours of testimony before the Judiciary Committee, she
spoke with skill on a wide range of topics. She addressed legal issues
of all kinds, including separation of powers, the First Amendment,
administrative law, criminal sentencing, and much more. I believe Judge
Jackson has the knowledge and expertise to decide the most difficult
and pressing legal issues facing this Nation.
Finally, during her hearings, Judge Jackson also showed that she has
a remarkable temperament. Lawyers and judges who have worked with her,
or appeared before her, have confirmed that Judge Jackson brings this
temperament with her in all aspects of her work. They have told the
Senate that she is as collegial, calm, and steadfast as she appeared to
be during her hearings.
For example, Judge Thomas Griffith testified in support of Judge
Jackson's nomination and focused on her character and temperament, in
addition to her exceptional qualifications. Judge Griffith is a retired
judge of the D.C. Circuit and was appointed to the bench by President
George W. Bush. Judge Griffith said that Judge Jackson has modeled the
ideal qualities of a judge, including diligence, carefulness, high
character, deep legal knowledge, and broad experience.
Witnesses from the American Bar Association also testified about
Judge Jackson's sterling reputation for integrity. Those witnesses
interviewed lawyers and judges who have known and worked with Judge
Jackson at various points over the course of her career. And, in those
interviews, lawyers and judges who were familiar with Judge Jackson
uniformly praised her character. They called her ``first rate,''
``impeccable,'' and ``beyond reproach.'' One comment said: ``You write
the word `integrity,' and then you put her initials next to it.''
[[Page S1976]]
The American Bar Association's interviews also revealed that
prosecutors and defense attorneys alike regard Judge Jackson as fair,
balanced, and unbiased. She is precisely the kind of Justice we need on
the Supreme Court. Judge Jackson is plainly up to the task of
faithfully interpreting our Constitution and our laws and fairly
applying the law in each and every case.
Judge Jackson laid out in simple terms the three-part methodology she
uses in each case to ensure that her decisions are informed by the
arguments of the parties, the facts, and the law, and not by any
personal views she may hold. Judge Jackson's thoughtful methodology
shows that she appreciates how important it is for judges to approach
each and every case with an open mind and to avoid both actual and
perceived conflicts of interest.
I believe Judge Jackson is an extraordinary person. Her rich family
history in law enforcement and her background as a Federal public
defender, a member of the U.S. Sentencing Commission, a trial judge,
and an appellate judge will benefit our Supreme Court.
It will be my great pleasure to vote to confirm Judge Jackson to be
an Associate Justice on the Supreme Court. And I hope that my
colleagues on both sides of the aisle will do the same.
____________________