Thread by @jentaub

🧵Here we go! The hearing has come to order. Chair @SenatorDurbin welcomes Judge Ketanji Brown Jackson.

1/

Durbin asks audience to be respectful. Starts opening statement. Thanks Jackson for her appearance.

2/

First meeting of SCOTUS in 1790 there were nearly 700,000 enslaved people. "Neither African Americans nor women had the right to vote." Of the 115 justices 108 have been white men.

"It's not easy being the first. Often you have to be the best."

2/

Durbin mentions the rally he saw outside the Supreme Court building today in support her nomination.

Biden nominated you because your qualifications are outstanding. And you've been confirmed by this committee several times.

3/

"We've come a long way since 1790," says Durbin. "And we still know we have long way to go before we form a more perfect union."

4/

Durbin asks his colleagues on the committee to think about how history will judge them as they exercise their constitutional right of advice and consent.

4/

Durbin runs through Jackson's extraordinary record built from humble beginnings at a public high school in Miami, Florida up to Harvard and Harvard Law School, judicial clerkships, public defender, private practice lawyer, sentencing commission, federal judge.

5/

Now Durbin describes Jackson's efforts in working with Congress to help make the Federal Sentencing Guidelines more fair. Found unanimous support.

Works to explain how the law effects real people.

6/

"[S]ome who claim without a shred of evidence that you will be a rubber stamp for this president" but look at record. Her nearly 600 opinions have been "read and re-read" and all said/written in public. Ruled for and against presidents and administrations of both parties

7/

Durbin said Jackson is not "soft on crime" and such claims are demagoguery. Law enforcement groups have endorsed her nomination. "I'm confident the American people will see through these attacks."

8/

It's time for Grassley's opening statement. Sorry I'm a few minutes behind. He's reading his remarks. Kind of stumbling. Said "we won't try to turn this into a spectacle based upon on alleged process faults".

9/

Ugh. Why in the world is he mentioning Judge Kavanaugh's hearing. Now Grassley is misrepresenting what judges actually do as if the conservatives don't include their own value judgments.

10/

Grassley says "there's lots of problems with living Constitutionalism." He's unhappy with judicial review. Says "we depend on judges to interpret laws as we write them." Yet conservative judges have struck down aspects of federal laws. Duh

11/

Now Grassley's complaining about ads from "dark money groups on the Left." He calls "Demand Justice" such a group with ads attacking the independence of the judiciary. He claims progressive prosecutors are soft on crime. . . .what about white collar crime?

12/

So many name checks for @WeDemandJustice. You can not PAY for this kind of good publicity. Someone should send @ChuckGrassley a box of chocolates or some fresh cut flowers.

13/

Grassley tries to distinguish between a good kind of defense lawyer and a bad kind of defense lawyer. I don't follow his logic and his whining voice is getting to me.

Very much "get off my lawn" tone.

14/

Now it's @SenatorLeahy offering his opening remarks. "Any nomination" to SCOTUS is historic, but Jackson's even more so as brings the Court to better reflect the American people. Due to your presence here"You are writing a new page in the history of America. A good page."

15/

Leahy says "courts need to be "faithful only to the rule of law."

"Judge Jackson is no judicial activist. She is not a puppet of the so-called 'radical left.' She has been praised by Republican-appointed judges for her jurisprudence."

16/

Lawyers find her "judicious and even-handed" and she's not "anti-law enforcement" and and support of the "National Fraternal Order of Police."

17/

Judge Jackson is a "distinguished nominee with an unassailable record," says Leahy.

18/

"Your nomination fills me with hope. Hope for the Court. Hope for the rule of law. Hope for the country."

Consider what is happening in the world to see "how precious our democracy is" and how precious our independent judiciary is.

19/

"Count me in on the idea of making the Court more diverse" says @LindseyGrahamSC

20/

Said hearings are "going to be challenging to you, informative for the public" and respectful "by us." Said the hearings will be tough and won't be a circus. Said "most of us" couldn't go back to his office without getting spit on during Kavanaugh.

21/

@LindseyGrahamSC Graham is complaining about how two people who are not Judge Jackson was not nominated. They happen to be a black woman and hispanic man. He says because they were rejected based on views, so it's unfair that if he criticizes Jackson he'll be called racist.

22/

Graham tells Judge Jackson "somebody on the left" believes you have a judicial philosophy or they would not have been vocally opposed to potential nominees like Michelle Childs and supporting her instead.

23/

Graham is talking about something called Arabella and tells @SheldonforRI that it's a dark money group. I have not heard of it. Will have to look.

24/

Okay. STOP with the Kavanaugh stuff. Brett Kavanaugh was a credibly accused sexual assaulter. Period. Senator Graham, if you have evidence that Judge Jackson was a habitual drunk who assaulted people, bring it. ENOUGH. False equivalency.

25/

We now have @SenFeinstein offering her opening remarks. "Looking at your record, it's clear that you have the qualifications, and the experience, and the knowledge needed to serve on the Supreme Court and as a woman it makes me very proud of that.

26/

Feinstein identifies issues before SCOTUS including (1) the fundamental right of a woman to control her body and make her own healthcare decisions, (2) authority of EPA to fight climate change; and (3) whether states have power to enact common sense gun safety protections

27/

"It's your fourth time in front of this committee." And the full Senate has confirmed her three times:

2010: for Sentencing Commission
2013: for Federal District Court
2021: for Federal Circuit Court

28/

Feinstein says what stands out is "your commitment to uphold justice under the law." One of your mentors was Justice Stephen Breyer. "You have learned from the best" and have brought that dedication to "equal justice" throughout your career.

29/

Impeccable credentials. Harvard undergrad, Harvard Law, years on the federal bench, but also federal public defender. Would be the first justice to have been in that role and first since Justice Thurgood Marshall with significant experience representing criminal defendants.

30/

The most serene, receptive smile. Looking forward to when Judge Jackson will speak.

31/

It's now @JohnCornyn's turn. "I think this is a teachable moment that will remind all of us of the wisdom of the founders . . ." Now he's talking about the right to bear arms. And checks and balances to avoid tyranny. (Oh remind me how he voted on the two impeachment).

32/

Yawn . . . . .

33/

Phew. Now, it's Senator Whitehouse. He says it's refreshing that Judge Jackson came to them not through "a dark money-funded turnstile" but through a "fair and honest selection process."

34/

More experience trying cases when she was a district judge for 8 years than any member of SCOTUS.

35/

Whitehouse reads praise from Judge Bruce M. Selya (who was appointed by Republican President, Ronald Reagan). Judge Jackson clerked for him and the praise was in the Boston Globe this February.

bostonglobe.com/2022/02/25/met…

36/

Sorry for the delay. Had to talk to the car dealer (airbag recall replacement issues).

Okay back on.

37/

Senator Lee of Utah spoke next
But I am moving on to @amyklobuchar.

38/

A shout out to Minnesota faves including the Vikings and Prince (in reference to Judge Jackson's purple jacket."

39/

"You are opening a door . . that has long been shut" to so many." You are showing so many children across the country that "anything and everything is possible."

40/

"This is also a time for us to consider the Supreme Court's place in our democracy" says Klobuchar.

41/

It's now time for Senator Cruz to speak. I hope he's more polite at the hearing today than he appeared to be at the airport the other day.

42/

Cruz laments that SCOTUS became a policy-making body in the 1960-70s

43/

Ted, my man. Clarence Thomas is in the hospital. Why are you talking about his hearing from 30 years ago.

Also, please let me know if Judge Jackson is credibly accused of sexual harassment. Because I still believe Anita Hill.

44/

"No one is going to inquire into you teenage dating habits," Cruz tells Jackson.

STOP. THIS. If she was credibly accused of sexual assault in high school and college, then I'd want to hear it. Jackson is not Kavanaugh. Jackson is not Thomas. Stop it.

45/

Please, please, please, can someone give Ted Cruz a job on Fox News to lure him away from public life so I don't have to listen to him pontificate in the public sphere anymore.

46/

Senator Coons describes the role of the committee in introducing Judge Jackson to the American public. Also describes Justice Breyer (whose seat she will take if confirmed) as living up to the highest ideals of the Constitution.

47/

If your attention is flagging, it might help to know that we have 11 more senators to go . . .

judiciary.senate.gov/about/members

48/

Senator @ChrisCoons calls for "respectful good faith bipartisan consideration" of her nomination.

49/

Love this her brother said, "I'm not surprised to be here at all. This was the sort of thing for which my sister was destined from the very start."

Sen. Coons compares Judge Jackson to Ruby Bridges.

50/

It's not Sasse's turn. Cruz and his mammoth coffee cup are in the frame.

Oy. . . .Sasse has a lecture. I'll make lunch while listening.

51/

I did not have "jackwagons" on my bingo card or even in my vocabulary. But, thanks, Senator Sasse.

52/

blah, blah, blah, blah, blah.

53/

Now @SenBlumenthal is offering his remarks.

"The appointment of a black woman to the United States Supreme Court, let's be very blunt, should have happened years ago. This day is a giant leap into the present for our country and for the Court."

54/

After Blumenthal, Hawley will be speaking . . .my head hurts in anticipation.

55/

Blumenthal called Judge Jackson a "consensus builder" and notes she's been confirmed three times on a bipartisan basis by the Senate.

56/

Now @SenBlumenthal gets down to it. He says the Court faces a crisis of legitimacy. "Dark money special interest groups have sought to radically reshape the court."

57/

And he says that the recent selection of Justices has been "to a remarkable degree" outsourced "to ideological group" in order to remake the court in the image of the far right conservative movement."

58/

Blumenthal adds that the court "is out of step with America" and losing the trust of the American people. He hopes that she will help to restore that trust.

59/

Two more senators than a 30 minute break for lunch. Up next is Senator Hawley. Said he admires how she is sitting so stoically through "all this senator talk." And thanks her for being candid.

60/

Hawley is concerned about several of her decisions.
These are examples of criminal sentences. Three cases involved possession of (and in one case distribution) of child pornography. In one cases 5 years (60 months) instead of 72 months.

61/

He just went through 7 cases during her 8 years on the bench. He said these were the only cases involving child pornography where Jackson had discretion and gave less than guidelines and prosecutors recommended.

62/

Senator @maziehirono welcomes Judge Jackson with an Aloha! Jackson silently responds with a broad smile.

63/

Hirono runs through Jackson's accomplishments from being a national champion as a highschooler in speech and debate, Harvard under grad and law school, three clerkships, etc. etc.

64/

Senator Hirono quotes a Bush-appointed judge that Jackson as highly-credentialed and experienced in the law as any nominee in history.

65/

Gaveled out. We return at 2:05 p.m.

66/

We are back. First @SenTomCotton offered literally only five seconds of niceties before he moved to a partisan political attack.

"This is an important occasion. The Biden administration is waging a war on the rule of law, the separation of powers and the Constitution."

67/

Cotton voted against her nomination for the Circuit Court last year. There's not a chance he is voting for her.

68/

He's got a lot of complaints about Biden. Lots of them.
Can you imagine Cotton being your parent or boyfriend or husband or colleague. What a whiner.

69/

So refreshing to hear Senator @CoryBooker express his "joy." He said "the Senate is poised right now to break another barrier." This "is a sign that we as a country are continuing to rise to our collective, cherished ideals."

70/

"Extraordinary legal talent comes from all backgrounds." But over the years many denied that opportunity.

71/

Did Booker was born the year that Johnson nominated Thurgood Marshall? I thought that was in 1967.

72/

Senator Booker quoted his friend attorney Bryan Stevenson whom he just saw at the Prayer Breakfast and who said in America "we have a justice system that treats you better if you're rich and guilty than if you're poor and innocent."

73/

We have five more senators before we get to the folks who are going to introduce Judge Jackson, then Jackson. So I just made another pot of coffee with "Coffee Cake" flavored oatmilk creamer.

74/

"Today America is witnessing the literal bending of the arc." Booker adds, "You and your family are giving a lot more people faith that we will achieve a nation of liberty and justice for all."

75/

Senator John Kennedy complimented Jackson and the White House for selecting former Senator Doug Jones as an adviser. Says Jones knows the Senate and the Senate knows him and he is "a person of good judgment and good will."

76/

Kennedy says "I'm rather fond of the Constitution" in his discussion of court legitimacy.

77/

It's @SenAlexPadilla turn. Our democracy is a work in progress. It's our job to continue making that progress. The men who wrote our founding documents could never imagine that you would one day be here. Also discusses his own background as proud son of immigrants from Mexico
78/

He thanks her for her service and her faith in America's promise.

He's speaking in Spanish now. Trans: about the Supreme Court decides every year cases that affect our fundamental rights, voting rights, immigrations, environmental rights labor rights, and much more.

79/

Durbin replies, "muchas gracias." Sen. Padilla says, "de nada."

80/

We now have Senator Thom Tillis. He said in addition to fulfilling her own dreams, her nomination shows children and young adults the possibility that their dreams are within reach.

81/

Tillis says he's concerned to "kind of put together the foundation I need" to make a decision. "I'm in the middle of your thesis" he said. He wants to determine her philosophy and whether it fits with his. "I'll keep an open mind."

82/

"I don't want an activist at either end of the spectrum," says Tillis. "The best thing we can do here is to make sure we have justices who can be stewards of the Constitution.

83/

We have @SenOssoff offering his admiration for the Constitution, but laments that the guarantees of individual rights and equal protection under the law remain unfulfilled for too many.

Her references the brutal murder of Ahmaud Arbery. And voting lines.

84/

Our final senator is @MarshaBlackburn. Wait a minute. She said unlike any other federal office this is lifetime appointment. Ummm. Wrong.

Jackson has a lifetime appointment on the circuit court. And her position previously at the district court was also for life.

85/

Blackburn is on an anti-trans rant.

86/

Blackburn refers to white privilege as "so-called white privilege." Her ignorance (and lack of self-awareness) is stunning.

87/

Ah ha. I just figured it out. They got the only woman in the Republican cohort to be the tough one. But she's just very snippy and mean sounding. It won't work.

88/

Let's compare.

Jackson was a debate champion and double Harvard degrees

Blackburn was fourth most beautiful and home economics major

So nice that Senator Blackburn made it so far despite her thin qualifications and educational background.

89/

Let's compare.

Jackson was a debate champion and double Harvard degrees

Blackburn was fourth most beautiful and home economics major

So nice that Senator Blackburn made it so far despite her thin qualifications and educational background.

89/

Now we move on to the introductions. Judge Griffith and Professor Lisa Fairfax. But there's some technical problem with the feed.

90/

Okay, here's what I missed from Griffith:

https://twitter.com/jeffzeleny/status/1505987524652683265?s=20&t=8CGe_kOAiXRY35S3sdZykw

91/

And from Lisa Fairfax, brilliant law professor and longtime friend of Jackson's

https://twitter.com/ideascanchangeu/status/1505991869356036097?s=20&t=MB_7dpqYetv92BAfLW4Ihg

92/

And here is a highlight from Judge Jackon's statement

https://twitter.com/CBSNews/status/1505990868532142089?s=20&t=MB_7dpqYetv92BAfLW4Ihg

We are done for the day.

93/93

One more thing. . .I not crying, you're crying. This is Jackson's husband tearing up when she thanks him

A bit more here. Her speech is incredible.

"If I am confirmed, I commit to you that i will work productively to support and defend the Constitution and this grand experiment of American democracy that has endured over these past 246 years."

95/

"I decide cases from a neutral posture. 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."

96/

More KBJ: "I know that my role as a judge is a limited one, that the Constitution empowers me only to decide cases and controversies that are properly presented, and I know that my judicial role is further constrained by careful adherence to precedent."

97/

Says her opinions "are on the long side" due to her commitment to transparency.

Important that each litigant knows that the judge in the case has heard them, whether their arguments prevail.

98/

This is an extraordinary person. "During this hearing, I hope you will see how much I love our country and the Constitution and the rights that make us free. I stand on the shoulders of so many who have come before me, including Judge Constance Baker Motley."

99/

KBJ: "Thank you for this historic change to join the highest court, to work with brilliant colleagues, to inspire future generations, and to ensure liberty and justice for all."

That's a wrap for day one.

100/100