[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.