Highlights from Senate vote to confirm Ketanji Brown Jackson

The Senate voted 53-47 in a bipartisan vote on Jackson's nomination.

Last Updated: April 7, 2022, 5:29 PM EDT

Judge Ketanji Brown Jackson, the first Black woman nominated to the U.S. Supreme Court in its 233-year history, was confirmed by the Senate in a 53-47 vote Thursday.

She got three Republican votes, marking a bipartisan victory for President Joe Biden and his high court nominee.

Mar 22, 2022, 12:51 PM EDT

Cornyn questions Jackson on same-sex marriage

In his questioning, Sen. John Cornyn, R-Texas, asked Judge Jackson about same-sex marriage and asserted that the Supreme Court's decision in Obergefell v. Hodges, which said same-sex marriage is a fundamental right, conflicts with the beliefs of some religions.

"When the Supreme Court decides that something that is not even in the Constitution is a fundamental right and no state can pass any law that conflicts with the Supreme Court's edict, particularly in an area where people have sincerely held religious beliefs, doesn't that necessarily create a conflict between what people may believe as a matter of their religious doctrine or faith and what the federal government says is the law of the land?" Cornyn asked.

Supreme Court nominee Judge Ketanji Brown Jackson testifies during her confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill, March 22, 2022 in Washington, DC.
Anna Moneymaker/Getty Images

"That is the nature of a right," Jackson replied. "That when there is a right it means that there are limitations on regulation, even if people are regulating pursuant to their sincerely held religious beliefs."

Pressed further on whether that is an act of judicial policymaking, Jackson said the Supreme Court considered that to be an "application of the substantive due process clause of the Fourteenth Amendment," which ensures equal protection under the law.

Cornyn continued to bash the court for what he called establishing a new "unenumerated right" and asked Jackson, what other unenumerated rights are "out there."

"Senator, I can't say. It's a hypothetical that I'm not in a position to comment on. The rights that the Supreme Court has recognized as substantive due process rights are established in its case law," she said.

Later on, Cornyn lamented that he thinks "nominees from both parties tend to be over-coached."

-ABC News' Trish Turner

Mar 22, 2022, 12:16 PM EDT

Jackson’s family shows support inside hearing room

Judge Jackson’s family members showed their support again on the second day of her confirmation hearings with their steady presence inside the hearing room as she fielded, at times, contentious questions from the Senate Judiciary Committee.

Jackson’s husband, Patrick, a general surgeon, was again seated behind Jackson. Photographers snapped photos of him sporting Benjamin Franklin-themed socks and jotting down notes during the morning session.

PHOTO: Patrick Jackson, husband of Judge Ketanji Brown Jackson, wears Benjamin Franklin-themed socks as he attends a Senate Judiciary Committee confirmation hearing on Judge Jackson's nomination to the Supreme Court in Washington, March 22, 2022.
Patrick Jackson, husband of Judge Ketanji Brown Jackson, wears Benjamin Franklin-themed socks as he attends a Senate Judiciary Committee confirmation hearing on Judge Jackson's nomination to the Supreme Court, on Capitol Hill in Washington, March 22, 2022.
Jonathan Ernst/Reuters

Jackson’s parents, Johnny and Ellery Brown, were also in the audience, near two seats reserved for Jackson's daughters, Talia, 21, and Leila, 17. Leila arrived in the room after the morning break.

PHOTO: Supreme Court nominee Ketanji Brown Jackson, right, testifies as her family from far left, brother Ketajh Brown, and parents Johnny and Ellery Brown, listen, March 22, 2022 on Capitol Hill in Washington.
Supreme Court nominee Ketanji Brown Jackson, right, testifies about how her parents attended segregated schools, as her family from far left, brother Ketajh Brown, and parents Johnny and Ellery Brown, listen, during the second day of her confirmation hearing, March 22, 2022 on Capitol Hill in Washington.
Jacquelyn Martin/AP

In an emotional moment on Monday, Jackson's daughters looked to their father as he wiped away tears while Jackson read her opening statement.

-ABC News' Trish Turner

Mar 22, 2022, 12:03 PM EDT

Jackson speaks to 'meaningful' representation on Supreme Court

Raising gender balance in the judiciary and the fact that, if confirmed, there would be four women on the Supreme Court, Sen. Dianne Feinstein, D-Calif., gave Judge Jackson an opportunity to speak to what it would mean to her personally to see more women represented on the nation's highest court in its history.

"I think it's extremely meaningful," Jackson replied. "One of the things that having diverse members of the court does is it provides for the opportunity for role models."

Supreme Court nominee Ketanji Brown Jackson arrives for her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C., March 22, 2022.
Andrew Harnik/AP

"Since I was nominated to this position, I have received so many notes and letters and photos from little girls around the country who tell me that they are so excited for this opportunity and that they have thought about the law in new ways because I am a woman -- because I am a Black woman -- all of those things people have said have been really meaningful to them," Jackson added.

"And we want, I think, as a country, for everyone to believe they can do things like sit on the Supreme Court. So, having meaningful numbers of women and people of color, I think, matters," she said. "I also think that it supports public confidence in the judiciary when you have different people, because we have such a diverse society."

Mar 22, 2022, 11:41 AM EDT

Jackson on abortion cases: 'Roe and Casey are the settled law'

As she's asked previous Supreme Court nominees, Sen. Dianne Feinstein, D-Calif., questioned Judge Jackson on her judicial views on abortion with the nation's high court set to decide cases this term that could overturn decades of legal precedent.

"I do agree with both Justice Kavanaugh and Justice Barrett on this issue," Jackson said, referring to their answers to Feinstein at their confirmation hearings. "Roe and Casey are the settled law of the Supreme Court concerning the right to terminate a woman's pregnancy."

Judge Ketanji Brown Jackson testifies on her nomination to become an Associate Justice of the Supreme Court during a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C, March 22, 2022.
Doug Mills/POOL/AFP via Getty Images

Feinstein then asked, "Does Roe v. Wade have the status of being a case that is a super precedent, and what other Supreme Court cases do you believe have that status?"

"Well senator, all Supreme Court cases are precedential, they're binding. And their principles and their rulings have to be followed," she said.

"Roe and Casey, as you say, have been reaffirmed by the court, and have been relied upon, and reliance is one of the factors that the court considers when it seeks to revisit or is asked to revisit a precedent," she continued. "In all cases, the precedent of the Supreme Court would have to be reviewed pursuant to those factors because stare decisis is very important."

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