Highlights from Senate vote to confirm Ketanji Brown Jackson

Sen. Ben Sasse, R-Neb., asked Jackson which justice she most admires and most aligns herself with.

Jackson responded that she doesn't have a justice she's molded herself after, saying instead, "What I have is a record."

"I have 570-plus cases in which I have employed the methodology that I described and that shows people how I analyze cases. I, in every case, am proceeding neutrally," she said.

"Because of the way in which I do things, I am reluctant to establish or to adopt a particular label, because the idea of how you interpret is just one part of a judge's entire responsibility," she said.

"I am looking at the facts in a case, and my experience as a trial judge helps me to assess the facts" from different perspectives, she said.

Jackson continued, "I believe that the Constitution is fixed in its meaning. I believe that it's appropriate to look at the original intents, original public meaning of the words when one is trying to assess, because, again, that's a limitation on my authority to import my own policy views. But there are times when the meaning, unreasonable searches and seizures, due process, looking at those words are not enough to tell you what they actually mean. You look at them in the context of history. You look at the structure of the Constitution. You look at the circumstances that you're dealing with in comparison to what those words meant at the time that they were adopted. And you look at precedents that are related to this topic."

Following a contentious round of questioning from Republican Sen. Ted Cruz, Sen. Chris Coons, D-Del., repeated for the record that Judge Jackson has never referenced "The 1619 Project" or "critical race theory" in her work as a judge, to which she agreed.

Coons went on to call out previous Republicans and those still to come this afternoon, such as Sens. Josh Hawley, R-Mo., and Marsha Blackburn, R-Tenn., who have distorted circumstances around her federal sentences of child pornography offenders and have suggested she was too lenient on criminals.

"The National Review, a conservative publication, has characterized that view of you as a smear that appears meritless to the point of demagoguery and characterizes your approach in sentencing in these cases as mainstream and correct," Coons noted.

The Delaware senator also said that in 70% of child pornography possession sentences nationwide, "downward departures from the federal guidelines are the norm" and allowed Jackson, again, the chance to bring up her ties to law enforcement and the seriousness with which she handles sex crimes, especially against children.

"As a mother, these cases involving sex crimes against children are harrowing," she said. "These are the cases that wake you up at night because you're seeing the worst of humanity."

Sen. Ted Cruz, R-Texas, continued to attempt to paint Biden's nominee, and his former Harvard Law School classmate, as an advocate for critical race theory in his questioning. Pulling one book title, Cruz asked if she agrees with kids being taught "that babies are racist."

"When you just testified a minute ago that you didn't know if critical race theory was taught in K through 12, I will confess I find that statement a little hard to reconcile with the public record," Cruz said, going on to raise the fact that Jackson sits on the board of Georgetown Day School in Washington and to allege that school's curriculum was "overflowing with critical race theory."

"Senator, I do not believe that any child should be made to feel as though they are racist or though they are not valued or though they are less than, that they are victims, that they are oppressors," Jackson said.

"I don't believe in any of that, but what I will say is that when you asked me whether or not this was taught in schools -- critical race theory -- my understanding is that critical race theory as an academic theory is taught in law schools and to the extent that you were asking the question, I understood you to be addressing public schools," she continued.

"Georgetown Day School -- just like the religious school that Justice Barrett was on the board of -- is a private school," she noted. (Justice Amy Coney Barrett served for three years on the board of Trinity Schools Inc.).

Refusing to back down, Cruz asked, "So you agree critical theory is taught at Georgetown Day School?"

Jackson replied the board does not control or focus on the curriculum at the school "so I'm actually not sure."

Sen. Ted Cruz, R-Texas, began his questioning by noting that he and Judge Jackson have "known each other for a long time" as former classmates at Harvard Law School who also worked together on the Harvard Law Review.

"We were not particularly close, but we were always friendly and cordial," Cruz said.

"We were," Jackson replied.

Cruz went on to take issue with Jackson referencing journalist Nikole Hannah-Jones' "The 1619 Project," which won the Pulitzer Prize and was published in the New York Times, in a speech at the University of Michigan Law School for Martin Luther King Jr. Day in 2020.

Jackson said most of the speech focused on Black women in the civil rights moment but one slide referenced Jones' work which she had called "provocative."

"It is not something that I've studied. It doesn't come up in my work," Jackson said. "I was mentioning it because it was, at least at that time, something that was talked about and well-known to the students that I was speaking to at the law school."

Cruz then launched into an attack on critical race theory and asked Jackson to explain what it means -- allowing her the chance to say critical race theory does not have an impact on her work.

"Senator, my understanding is that critical race theory is -- it is an academic theory that is about the ways in which race interacts with various institutions," she said. "It doesn't come up in my work as a judge. It's never something that I've studied or relied on and it wouldn't be something that I would rely on if I was on the Supreme Court."