[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[Senate]
[Pages S2000-S2002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  Nomination of Ketanji Brown Jackson

  Mr. CASEY. Mr. President, I rise today to speak on the nomination of 
Ketanji Brown Jackson to serve as an Associate Justice on the Supreme 
Court of the United States.
  When confirmed later this week, Judge Ketanji Brown Jackson will be 
the first Black woman on the U.S. Supreme Court in its 233-year 
history.
  Yesterday morning, I had the privilege of meeting with her, and we 
discussed her judicial methodology as well as her story and her path in 
the law. Rising up to overcome so many barriers, Judge Jackson's story 
and her family's story is truly an American story. It is a story of 
hard work and sacrifice. It is a story of commitment to excellence.
  Judge Jackson's academic credentials are impressive: graduating from 
Harvard College and Harvard Law School with honors from both college 
and law school.
  Her unparalleled professional credentials and the breadth of her 
legal experience equal or exceed that of any nominee in recent history. 
She has worked in private practice. She has worked as an assistant 
public defender--Federal public defender--and as a law clerk at every 
level of the Federal judicial branch, including a law clerk to Justice 
Breyer, who is going to be retiring from the Court. Perhaps most 
important, she has worked as a Federal judge for nearly 10 years, 
presiding over trials and later hearing appeals.
  During our meeting yesterday, Judge Jackson spoke about her career 
transition from attorney to Federal judge and specifically highlighted 
how her career as a trial attorney helped her grow into becoming a 
Federal judge.
  Often lost in our discussions regarding Federal judges are the 
people, the people who are impacted directly by our legal system in our 
judges' decisions. At its core, our court system, more so than any 
other institution, is dedicated to the idea that everyone--everyone, 
not just the wealthy or powerful--should have a fair shot at justice 
and that no one--no one--is above the law.
  The Beatitudes in the New Testament speak to this idea of justice. We 
have all heard it over and over again:

       Blessed are they who hunger and thirst for justice, for 
     they shall be satisfied.

  The power--the power--of our judicial system and our judiciary stems 
from the integrity and the independence of our judges. It stems from 
their unrelenting commitment to the rule of law and to equal justice 
for all Americans.
  Throughout her career but particularly as a public defender--a 
Federal public defender--Judge Jackson has fought for a more equitable 
and a more just America, representing individuals accused of committing 
crimes and those who cannot afford a lawyer. All of those cases are 
difficult cases for any lawyer. The lawyer must be committed to 
upholding a core American value that our legal system must protect all 
Americans, including defendants, to ensure ``Equal Justice Under Law,'' 
as is inscribed on the front of the Supreme Court itself.
  Judge Jackson has lived this commitment to justice, to equal justice. 
She understands the awesome power that will be bestowed upon her as a 
Supreme Court Justice. She has seen firsthand the impact that a judge's 
decision can have on plaintiffs and defendants alike. It is why Judge 
Jackson has discussed how, when she was a district judge, she would 
often take extra care to communicate with defendants in her courtroom 
to ensure that they understood the complexities of the legal 
proceedings happening before them. For when a defendant is before the 
bar of justice, their liberty is at stake, and Judge Jackson wanted to 
make sure that they understood what was happening before them and what 
could happen to them.
  Her commitment to equal justice is also evident by her impartial 
rulings and the widespread support she has received from across the 
political spectrum.
  As a district court judge and as a circuit court judge, Judge Jackson 
has ruled for and against the government, in favor of prosecutors and 
for criminal defendants, for labor and for business, for civil 
plaintiffs and defendants.
  Her nomination received the support from several Republican Senators, 
Republican-appointed judges, and former Republican-appointed officials.
  She received broad support from law enforcement organizations, 
including the Fraternal Order of Police, the International Association 
of Chiefs of Police, and other top law enforcement officials, including 
former Philadelphia Police Commissioner Charles Ramsey, as well as 
crime survivors, and other advocates.
  Her nomination has received further support from civil rights 
organizations as well as business organizations.
  Of course, Judge Jackson's nomination is about more than simply the 
great support that she has received and her impeccable credentials. 
Both are important, but that is not it.
  Yesterday morning, after my meeting with Judge Jackson, she was kind 
enough to meet with several members of my staff who have graduated from 
law school or who are getting ready to apply to law school, some of 
whom have been accepted. She offered some salient advice about law 
school. I won't disclose what it was here, but it was good advice. And 
she encouraged them to keep going, to persevere.
  Now, Judge Jackson is already today, and has been for weeks and 
months now, an inspiration to tens of millions of Americans. Her 
graciousness, her humility, and her legal acumen are simply unmatched. 
Her confirmation to the Supreme Court will also inspire many future 
generations, those yet to come and not simply future lawyers and 
advocates. And certainly and particularly, her nomination and her 
confirmation will be particularly inspiring to young Black women and 
girls to persevere, as she said to our staff yesterday.
  The day of her confirmation will be a good day for America. She lifts 
our spirits at a very difficult time for our Nation. And while we have 
a long way to go, Judge Jackson's nomination is an important step to 
bringing us closer to having our institutions better reflect the great 
diversity of our Nation as we strive to be a more perfect Union.
  I will go back to the Beatitudes again. ``Blessed are they who hunger 
and thirst for justice, for they shall be satisfied.'' Judge Jackson, I 
have no doubt, will continue her work to strive for justice, to act 
with justice, as one of the great hymns tells us. She will do all of 
this as she discharges her duty as Justice Jackson.
  I look forward to voting for her to serve as an Associate Justice on 
the Supreme Court of the United States of America.
  I yield the floor.
  The PRESIDING OFFICER (Ms. Hirono). The Senator from Maryland.
  Mr. CARDIN. Madam President, I rise today in strong support of Judge 
Jackson to be the 116th Justice of the Supreme Court of the United 
States.
  As a Senator, one of the most important responsibilities I have under 
the Constitution is whether to provide my consent to a President's 
nomination to the Supreme Court, the highest Court in our land.
  The Framers carefully designed our Constitution using an intricate 
system of checks and balances. The Framers designed the third branch of 
government, the judiciary, to be an independent branch from the 
political branches of government: the legislature and the executive 
branch.
  Judges were given the unusual protection--unlike Congress and the 
President--to have lifetime tenure and to hold their offices during 
good behavior. Judges, therefore, do not have to fear retribution or 
loss of their office or diminution of their paycheck if they make an 
unpopular decision.
  So while the Supreme Court must show a healthy respect for the other 
coequal branches of government, it must, at the same time, preserve its 
own independence and ultimately interpret the laws and Constitution of 
the United States. A critical part of the Supreme Court's role is to 
preserve and protect the Constitution and to make sure that all 
Americans are treated equally under the law.
  The marble entrance of the Supreme Court has etched above it the 
promise of equal justice under the law for all persons who enter. The 
Supreme Court must vigorously uphold the civil rights and civil 
liberties of all Americans and pay special attention to safeguarding 
and enforcing the constitutional rights

[[Page S2001]]

guaranteed in our system of government.
  As we know from our history, the Supreme Court has not always 
protected all Americans and, indeed, in the past has treated some 
Americans as less equal than others, simply due to their race, 
religion, or gender, among other factors. So let us remember the 
preamble to the Constitution, which declares that ``We the People of 
the United States, in Order to form a more perfect Union, establish 
Justice''--it is certainly not a perfect union, but I do believe in the 
words of Dr. Martin Luther King, Jr., that ``the arc of the moral 
universe is long, but it bends toward justice.''
  Americans know that the Supreme Court makes profound decisions every 
day that impact the lives of people across this country. The Supreme 
Court regularly tackles so many of the controversial issues of the day 
that involve issues such as voting rights, criminal justice, labor law 
rights, environmental protection, and many, many more.
  Turning now specifically to Judge Jackson's nomination, she would 
replace Justice Stephen Breyer on the Court, who, fittingly, she had 
clerked for after graduating from law school. Judge Jackson has an 
extremely impressive background and legal credentials and now sits as a 
judge on the U.S. Court of Appeals for the District of Columbia 
Circuit, often called the Nation's second highest court.
  The American Bar Association's Standing Committee on the Federal 
Judiciary gave Judge Jackson a unanimously ``Well Qualified'' rating 
for the Supreme Court, which is its highest rating. The committee notes 
that to receive this highest rating:

       A Supreme Court nominee must be a preeminent member of the 
     legal profession, have outstanding legal ability and 
     exceptional breadth of experience, and meet the very highest 
     standards of integrity, professional competence and judicial 
     temperament.

  Judge Jackson passed all these tests with flying colors during her 
Senate confirmation process.
  I had the privilege of chairing Judge Jackson's first Senate 
confirmation hearing in 2009, when President Obama nominated her to 
serve on the U.S. Sentencing Commission. I then had the opportunity to 
visit with Judge Jackson earlier this month, prior to her confirmation 
hearing. It was a real pleasure to speak with her. I am familiar with 
her background and many of her rulings. She is also a former Maryland 
resident. We had much to talk about, as she had many connections to my 
State.

  Her brother served both as an infantryman and officer in the Maryland 
Army National Guard, during which he was twice deployed overseas; and 
he also served as an undercover narcotics recovery officer in the 
Baltimore City Police Department.
  Judge Jackson is eminently qualified. In our meeting, we talked about 
her personal experience and her commitment to equal justice under the 
law, especially for those who have had difficulty accessing our legal 
system. She discussed her work as a public defender and providing 
defense free of charge to the most vulnerable members of our society. 
In this work, Judge Jackson carried out the mandate of the Sixth 
Amendment of the Constitution, which provides that:

       In all criminal prosecutions, the accused shall enjoy the 
     right to a speedy and public trial . . . and to have the 
     Assistance of Counsel for his defence.

  She talked about her outreach to our next generation, in terms of 
talking to students in high school and college, as well as our next 
generation of lawyers in law school. I am often reminded of the words 
of my dear friend, the late Congressman Elijah Cummings of Baltimore, 
that ``our children are the living messages we send to a future we will 
never see.''
  I do think Judge Jackson is having an important and ongoing 
conversation about democracy with our students. I frankly think she 
will be a powerful role model for so many who will follow in her 
footsteps--in particular, women and women of color who see Judge 
Jackson break yet another barrier and glass ceiling at the Supreme 
Court. These students can believe that, yes, they belong even in the 
highest Court in the land and the most elite corridors of power in our 
Nation's Capital.
  We discussed the importance of an independent judicial branch of 
government and protecting the rights of individuals against powerful 
special interests that would abuse their power. I was impressed with 
Judge Jackson throughout our conversation.
  Judge Jackson exemplifies the American story and experience. Her 
parents were public schoolteachers, and Judge Jackson said she was 
inspired to go into law by watching her father study when he was in law 
school. Raised in Miami, FL, she attended Florida public schools. She 
then went on to earn her BA magna cum laude from Harvard University 
and, later, her JD cum laude from Harvard Law School.
  She went on to clerk for three different Federal judges: Judge Patti 
Saris in the District of Massachusetts, Judge Bruce Selya of the First 
Circuit Court of Appeals, and then Justice Stephen Breyer on the 
Supreme Court of the United States.
  After working in private practice, she joined the U.S. Sentencing 
Commission as an assistant special counsel before serving as an 
assistant Federal public defender in Washington. Judge Jackson then 
returned to private practice again before being nominated in 2009 by 
President Obama to serve as a commissioner and, later, vice chair of 
the U.S. Sentencing Commission.
  As I noted earlier, I had the privilege to chair this confirmation 
hearing for Judge Jackson, after which she was unanimously confirmed by 
voice vote in the Senate in 2010. In this role, I noted that Judge 
Jackson often worked to find common ground with her fellow 
commissioners, who brought very different backgrounds and perspectives 
to the Commission. In particular, Judge Jackson made significant 
strides to make our criminal justice system and sentencing policy more 
fair and just.
  For example, she worked on a bipartisan basis to effectively 
implement the Fair Sentencing Act, which addressed the 100-to-1 
disparity in the law regarding crack cocaine and powder cocaine, which 
had led to disproportionate and discriminatory treatment of minorities 
in our criminal justice system.
  I am hopeful that Judge Jackson can use these same skills of finding 
common ground with individuals from different backgrounds and build a 
consensus as a Justice on the Supreme Court.
  In 2013, President Obama nominated Judge Jackson to serve as the U.S. 
district judge for the District of Columbia, and again, the Senate 
unanimously confirmed her nomination by voice vote. As a district court 
judge, Judge Jackson wrote more than 500 opinions and considered a wide 
array of issues that would come before the Supreme Court. She has a 
real breadth of experience here, including cases involving 
constitutional, civil rights, and national security issues; 
administrative issues involving Federal Agencies; environmental issues; 
criminal law and procedure issues; and matters involving government 
transparency.
  On the bench, her record clearly demonstrates that Judge Jackson 
impartially applies the law and precedent to the facts in a fair and 
impartial manner, regardless of her own personal views on the subject. 
Judge Jackson took special care to make sure the parties before her 
understood her approach to deciding cases, and she issued clearly 
reasoned decisions.
  As Judge Jackson said in her confirmation hearing for the district 
court circuit, When I worked with clients as a defender, ``[m]ost of my 
clients didn't really understand what had happened to them. [N]o one 
really explained to them what they were supposed to expect, so they did 
not know where things might have gone wrong.''

  Therefore, as a judge, Judge Jackson said that she will ``take extra 
time to communicate with'' the parties. ``I speak to them directly and 
not just to their lawyers. I use their names. I explain every stage of 
the proceeding because I want them to know what is going on.''
  In reviewing her record, I notice that Judge Jackson's analysis and 
decision making have led her to rule both for and against the 
government in different cases, both for and against employers and 
workers, for and against criminal defendants and prosecutors, based on 
the merits of the case and her application of the law to the facts of 
that particular case.
  In her confirmation hearing and written answers to questions for the 
record,

[[Page S2002]]

Judge Jackson pledged to support and defend the Constitution and 
further pledged to rule without fear or favor or prejudice or passion, 
consistent with her judicial oath. She indicated she understood the 
limits of the judicial role and the importance of adhering to 
precedents of the Court.
  Just last year, President Biden elevated Judge Jackson to the U.S. 
Court of Appeals for the District of Columbia Circuit. The Senate 
confirmed Judge Jackson to this position by a bipartisan vote of 53 
voting in favor in an evenly divided Senate.
  In that confirmation hearing, Judge Jackson again stressed the 
importance of courts having ``a duty of independence from political 
pressure, meaning that judges must resolve cases and controversies in a 
manner that is consistent with what the law requires, despite the 
judge's own personal views of the matter, and this is so even with 
respect to cases and controversies that pertain to controversial 
political issues.'' She is committed to carrying out her oath as a 
judge.
  She particularly noted that she did not pay attention to who was in 
the administration when ruling on cases, which is consistent with her 
case record, ruling both for and against the Trump administration in 
different cases.
  Judge Jackson did a superb job during the recent confirmation 
hearings, as our Presiding Officer knows, and consistently impressed me 
with her talents. Not only was she eminently qualified--we already knew 
about her outstanding qualifications; not only was she in command of 
all the legal subjects--we knew that she would excel in discussing the 
law and her job as a judge; but her demeanor in the face of repeated 
and often outrageous assaults by Republican Members of the Senate truly 
set her apart. She maintained her judicial temperament throughout this 
week's hearing and showed why she will be a major factor on the Supreme 
Court. Judge Jackson's confirmation hearing reinforced to me how 
critical it will be to have her on the Supreme Court.
  Members of the committee unsuccessfully tried to distort Judge 
Jackson's sentencing record. The record clearly rebuts these charges, 
as Judge Jackson's sentences are well within the judicial mainstream, 
and Judge Jackson often followed the recommendations made by the 
probation office.
  The ABA Standing Committee debunked several of these myths when they 
analyzed Judge Jackson's record as part of their review process before 
her confirmation hearing.
  The ABA testified at the hearing:

       We did speak to various prosecutors and defense counsels 
     for Judge Jackson. . . . None of them felt that she 
     demonstrated bias in any way. . . . One prosecutor said, ``I 
     did not observe any bias, and the Judge was fair to all sides 
     in connection with sentencing in all aspects.'' . . . We 
     asked pointed questions as it related to bias--whether it be 
     to defendants, whether it be to the government, and we found 
     no bias.

  That was the ABA.
  In terms of the allegations that Judge Jackson is ``soft on crime,'' 
the ABA testified:

       We heard consistently, from not only defense counsel but 
     prosecutors, how unbiased Judge Jackson is. We heard phrases 
     like ``doing things by the books.'' For example, one 
     prosecutor described the sentencing hearing involving a very 
     high profile, sensitive national security matter. What she 
     said was, it was classic Judge Jackson. . . . What really 
     impressed this prosecutor was that after oral argument, Judge 
     Jackson took a recess, went back to [her] chambers, and when 
     she resumed the bench, came out with a sentence that was more 
     in favor of the government. What more impressed the 
     prosecutor was that the Judge's ruling included arguments 
     that had been made both by the defense and [the] prosecutors 
     during oral arguments. It is not as if she came into the 
     hearing with her mind made up. She listened to what counsel 
     on both sides said and came up with a sentence that the 
     prosecution was quite happy with.

  Several prominent law enforcement organizations support Judge 
Jackson's nomination.
  The Fraternal Order of Police wrote:

       From our analysis of Judge Jackson's record and some of her 
     cases, we believe she has considered the facts and applied 
     the law consistently and fairly on a range of issues. There 
     is little doubt that she has the temperament, intellect, 
     legal experience, and family background to have earned this 
     appointment. We are reassured that, should she be confirmed, 
     she would approach her future cases with an open mind and 
     treat issues related to law enforcement fairly and justly.

  The International Association of Chiefs of Police supports Judge 
Jackson's nomination. They wrote:

       [W]hen the IACP chooses to support an individual, we do not 
     take it lightly, and [we] take into careful consideration 
     their background, experience, and previous opinions issued as 
     they relate to law enforcement and criminal justice issues. . 
     . . During her time as a judge, she has displayed her 
     dedication to ensuring that our communities are safe and that 
     the interests of justice are served. We believe that Judge 
     Jackson's years of experience have shown she has the 
     temperament and qualifications to serve as the next Associate 
     Justice on the Supreme Court.

  That was the International Association of Chiefs of Police.
  Judge Jackson has an unusually broad range of support from law 
enforcement groups, crime victims and survivors, business associations, 
and civil rights groups.
  Former DC Circuit Judge Thomas Griffith introduced Judge Jackson at 
her confirmation hearing. Judge Griffith, a President George W. Bush 
appointee, vouched for Judge Jackson's ``careful approach, 
extraordinary judicial understanding, and collegial manner. . . . Judge 
Jackson has a demonstrated record of excellence, and I believe, based 
upon her work as a trial judge when I served on the Court of Appeals, 
that she will adjudicate based on the facts and the law and not [in a] 
partisan [manner].
  Former Fourth Circuit Judge Michael Luttig, a President George H. W. 
Bush appointee who recently advised Vice President Pence, offered a 
similar endorsement when he wrote that she is ``eminently qualified to 
serve on the Supreme Court'' and is ``as highly credentialed and 
experienced in the law as any nominee in [recent] history.''
  Her colleagues have given her the highest ratings. Those who know her 
best, those who have worked with her, give us all great confidence in 
her qualifications and ability to serve on the Supreme Court.
  A group of conservative lawyers--many of whom served in previous 
Republican administrations--wrote in strong support of Judge Jackson 
and said:

       While some of us might differ concerning particular 
     positions she has taken as a judge, we are united in our view 
     that she is exceptionally well-qualified, given her breadth 
     of experience, demonstrated ability, and personal attributes 
     of intellect and character. Indeed, we think that her 
     confirmation on a consensus basis would strengthen the Court 
     and the nation in important ways.

  It is long past time for the Supreme Court to seat a highly 
qualified, Black, female attorney as a member. As we strive to provide 
equal justice under the law to all Americans, she would be only the 
sixth woman out of 116 Justices to serve on the Supreme Court and only 
the second woman of color and the first Black woman. A Justice Jackson 
will bring sorely needed diversity to the Supreme Court, both 
demographically and professionally.
  The Leadership Conference on Civil and Human Rights noted:

       This professional diversity is another critical step in 
     ensuring our courts look more like America. Judge Jackson 
     will be the first justice with any significant criminal 
     defense experience since the retirement of Justice Thurgood 
     Marshall in 1991, and she would be the only Supreme Court 
     justice to have served as a public defender. Public defenders 
     play a [critical] role in our legal system, yet they are 
     vastly underrepresented on the federal bench. At all levels 
     of our judiciary, there are nearly six times as many former 
     prosecutors on the federal bench than former criminal defense 
     lawyers, and just over 5 percent of federal appellate judges 
     have experience as a public defender. . . . Our highest court 
     should reflect the diversity of the legal profession, and 
     Judge Jackson's meaningful experience is greatly needed on 
     our Supreme Court.

  I believe that Judge Jackson will faithfully uphold her judicial 
oath, which contains a special provision whereby judges promise to 
``administer justice without respect to persons, and do equal right to 
the poor and the rich.'' I believe she respects the separation of 
powers and checks and balances in our system and that she is committed 
to uphold the civil rights and civil liberties of all Americans.
  I will proudly vote to confirm Judge Jackson so she will become 
Justice Jackson.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.