[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[Senate]
[Pages S2033-S2034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Ketanji Brown Jackson
Mr. BENNET. Mr. President, I rise tonight to support Ketanji Brown
Jackson's nomination to serve as an Associate Justice on the U.S.
Supreme Court.
Judge Jackson comes to this floor with impeccable credentials. She
graduated from Harvard magna cum laude. She graduated with honors from
Harvard Law School, where she edited the Harvard Law Review.
After graduation, Judge Jackson worked at top firms in private
practice and secured three prestigious clerkships, including one for
Justice Breyer on the Supreme Court of the United States. Later, she
served as a public defender, representing people who couldn't afford a
lawyer.
I can't think of better evidence of her commitment to equal justice
under the law, where everyone, regardless of their means, has the right
to fair representation.
Judge Jackson is clearly qualified for this position. There is nobody
who doubts that. My colleagues know it because the Senate has confirmed
her three times with bipartisan support: first, to serve as Vice Chair
of the U.S. Sentencing Commission; second, for the U.S. District Court
for the District of Columbia; and, last, for the U.S. Court of Appeals
for the DC Circuit.
Taken together, Judge Jackson comes to this floor with the best legal
training America can offer: a decade of experience on the Federal bench
and a consistent record of bipartisan support here on this floor.
I had the opportunity to meet with Judge Jackson 2 weeks ago, after
she had been rolled around in the barrel--that is one way of saying
it--during the confirmation hearings that people all over the country
watched. And in our conversation, after she had been through all of
that turmoil, she told me about how her parents had attended segregated
schools in Miami before working as public school teachers here in
Washington, DC. Her dad went on to be a lawyer, a lawyer for the Miami
school district, something I appreciate, having been a superintendent
of schools.
Unlike her parents, Judge Jackson grew up in America after the civil
rights laws of the 1960s and remembered how hard her parents worked
every single day to give her opportunities they never even dreamed of
for themselves. And she seized those opportunities. She earned top
grade. She was elected student body president.
And when she told her guidance counselor she wanted to apply to
Harvard, the counselor warned she shouldn't set her ``sights so high.''
Fortunately for America, she set her sights high. She set her sights
where they should have been set. She followed the high example of her
parents, working hard and impressing everyone along the way, friends
and colleagues and mentors, who are virtually beating down the doors of
this Capitol to tell us what a thoughtful, fairminded, and principled
Justice she would be.
That hasn't stopped some colleagues from distorting her record,
trying to say to the American people that she is soft on crime. That
would come as news, I think, to the Fraternal Order of Police, who has
endorsed her candidacy for the Court. It would come as news to the
International Association of Chiefs of Police. Both have endorsed her
nomination. They see what is obvious to anyone who fairly reviews her
record, which is that Judge Jackson has spent her entire career devoted
to the rule of law.
Her brother and two uncles served as police officers. So law
enforcement isn't some academic abstraction for her. It is literally
her family.
The Presiding Officer knows something about that, I think, in his
family history as well.
In our meeting, I asked Judge Jackson what makes a good judge. We had
a long talk about that. One of the things she said was communication,
because judges have to explain their reasoning in every decision, which
is a lot more than I can say for the U.S. Senate.
She also said that it is the unique role of the judge to identify and
to extract their bias before every case. And if you look at her more
than 570 written decisions, it is clear how seriously she takes that
responsibility.
I was just on the phone with some people from Colorado before I came
over here. And I said to them--I told them I was coming out here to
give this speech. And I said to them--these are old, old friends of
mine--that I can't remember a time when I sat down with somebody and
had a 30-minute conversation where I came away more impressed than I
was by Judge Jackson.
I found her to be both brilliant and completely down-to-earth, which
is, I think, a particularly important combination for a judge at any
level--at any level--to have both the intellect to grapple with the
nuances of the law and the experience to appreciate how it affects real
people.
It wasn't that long ago that Judge Jackson would have received over
90 votes on this floor, just like her mentor, Justice Breyer, did; just
like qualified judges when I was in law school myself. The Senate
confirmed Justice Breyer 96 to 3, just like we confirmed Justice Scalia
98 to 0, and Justice Sandra Day O'Connor got 91 to nothing. Somebody
was out that day. I guarantee you they would have voted for her if they
had been here.
Each time that happened, the Senate reinforced the independence of
the judiciary, set aside our partisan politics, and stood up, I think,
for integrity and for the rule of law.
I am sad. I am sad tonight that Judge Jackson won't get 99 votes
tomorrow, even though she deserves it. And that is not a reflection on
her. As I said, if this were an earlier day in the Senate, she would
get 99 votes. She would have gotten 99 votes if she had come in a
different era. It is a reflection of how we, as Senators--and I among
them--have shredded our constitutional responsibility to advise and
consent.
It is my hope that by the time--I was going to say, when my children
are adults; they almost are adults; they
[[Page S2034]]
are adults--but by the time they are running the country, with
everybody else in their generation, that we will have figured out a way
to return the Senate to a place where we take our responsibility--our
constitutional responsibility--to advise and consent seriously, and we
find a way to make it, once again, a bipartisan effort in this place,
and find a way to stitch ourselves back together again. I am prepared
to work with anybody on the floor to try to do that. But in the
meantime, this really, in my view, is a moment to celebrate. It is a
moment to celebrate.
In the last few weeks, my office has literally been flooded with
messages from Coloradans telling me what an extraordinary Justice Judge
Jackson would make. And they don't have to persuade me. Judge Jackson
is an inspiration to me and to so many Americans, to millions and
millions of Americans.
In the past few weeks, I couldn't help but imagine what it would mean
to the students I used to work for in the Denver Public Schools to see
Judge Jackson on the Court, the same Court that once ruled in Dred
Scott v. Sandford that her ancestors were little more than property, a
Court that codified in Plessy v. Ferguson the segregated schools that
her parents were forced to attend and the segregated hotels and buses
and movie theaters they endured every single day, day after day.
And it is a reminder that change is possible in America. Our country
isn't perfect--far from it. Our history has always been a battle
between the highest ideals expressed in our Constitution and our worst
impulses as human beings.
And if you look at our history, if you really look at our history,
the path from cases like Dred Scott and Plessy to Brown and Obergefell
was cleared, as it always is, by Americans who refused to give up on
our highest ideals; who insisted, as Dr. King once said, that we make
real the promise of our democracy.
This week is a victory for our highest ideals and for the promise of
American democracy. It is a moment to celebrate a nation that, as Judge
Jackson said, in one generation went from forcing her parents to live
under Jim Crow to elevating her to the highest Court in the land.
After carefully reviewing her record, I believe that Judge Jackson
will join the ranks of Earl Warren, Thurgood Marshall, and Ruth Bader
Ginsburg, Justices who have helped bridge the gap between the words
written in our Constitution and their reality in America today, and I
hope she will join the Court's great dissenters, Justices like Justice
Harlan, who opposed decisions that outlawed the minimum wage, or
Justices Roberts and Murphy, who refused to condone the internment of
Japanese Americans in Colorado and across the country. All of those
Justices stood not for an ideology but for the American values etched
in our Constitution: freedom, equality, democracy, and the rule of law.
I am confident that Judge Jackson will stand for those values fairly,
impartially, and without prejudice; and tomorrow I will
enthusiastically vote for her confirmation. I would suggest that
everybody in this Chamber would have a good reason to vote for her
confirmation, and I hope they will consider it.
I yield the floor.
The PRESIDING OFFICER. The majority leader.
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