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 23, 2022, 10:09 AM EDT

Jackson addresses ruling that 'presidents are not kings'

Addressing limitations on power, Sen. Jon Ossoff, D-Ga., raised a ruling by Judge Jackson for the D.C. Circuit Court in 2019, in which she determined that former Trump White House counsel Don McGahn had to comply with a congressional subpoena and wrote, "Presidents are not kings."

He asked Jackson to explain that observation and what bulwarks in the Constitution protect against abuse of executive power.

PHOTO: Senator Jon Ossoff listens to Judge Ketanji Brown Jackson during the third day of a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C., March 23, 2022.
Senator Jon Ossoff listens to Judge Ketanji Brown Jackson testify on her nomination to become an Associate Justice of the US Supreme Court, during the third day of a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C., March 23, 2022.
Saul Loeb/AFP via Getty Images

"Our constitutional scheme, the design of our government, is erected to prevent tyranny," Jackson said. "The framers decided after experiencing monarchy, tyranny, and the like, that they were going to create a government that would split the powers of a monarch in several different ways."

She walked through the separation of powers and called them both "crucial to liberty" and "consistent" with her judicial methodology.

Supreme Court nominee Judge Ketanji Brown Jackson listens during her confirmation hearing before the Senate Judiciary Committee on Capitol Hill, March 23, 2022, in Washington, D.C.
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"It is what our country is founded on. And it's important, as consistent with my judicial methodology, for each branch to operate within their own sphere. That means, for me, that judges can't make law. Judges shouldn't be policymakers. That's a part of our constitutional design, and it prevents our government from being too powerful and encroaching on individual liberty," she said.

Mar 23, 2022, 10:03 AM EDT

Jackson talks about family ties to public service

Sen. Jon Ossoff, D-Ga., allowed Judge Jackson the opportunity to speak again to her family’s ties to law enforcement and public service as some Republicans have attempted to paint her as "soft on crime" and taken issue with her record defending Guantanamo Bay detainees.

Jackson recalled how after her younger brother graduated from Howard University, he followed in the footsteps of her uncles and became a police officer in Baltimore. In the wake of the Sept. 11 attacks, he joined the Army and deployed twice, not as an officer, though he could have with his college degree, but on the frontlines.

"That's the kind of person my brother is. That's the kind of service that our family provides, and for me, what that meant was an understanding that to defend our country and its values, we also needed to make sure that when we responded as a country to the terrible attacks on 9/11, we were upholding our constitutional values -- that we weren't allowing the terrorists to win by changing who we are," she said.

"And so I joined with many lawyers during that time who were helping the courts figure out the limits of executive authority consistent with what the framers have told us is important, the limitations on government," Jackson continued. "I worked to protect our country. My brother worked on the front lines, and it was all because public service is important to us."

Mar 23, 2022, 9:35 AM EDT

Durbin defends Jackson in opening statement

Senate Judiciary Chairman Dick Durbin, D-Ill., using his privilege as chairman, delivered an opening statement to begin Wednesday's session, coming to the defense of Judge Jackson after he said Republicans unfairly attacked her record on Tuesday.

Durbin said some Republican senators used the hearings as "an opportunity to showcase talking points for the November election" and sought to "put in context" some of their accusations.

Rejecting what he called the "stereotype" that Jackson is "soft on crime," he raised her endorsements from the Fraternal Order of Police and the International Association of Chiefs of Police and repeated that she is in the "mainstream" of sentencing when it comes to child pornography cases.

"I also think it's ironic that the senator from Missouri who unleashed this discredited attack refuses to acknowledge that his own choice for a federal judge in the Eastern District of Missouri has done exactly what you did," Durbin said, referring to an orchestrated attack from Republican Sen. Josh Hawley.

Durbin also defended her record representing Guantanamo detainees which several Republicans took issue with, reminding senators of the 6th Amendment to the Constitution which they serve.

Supreme Court nominee Judge Ketanji Brown Jackson arrives for the third day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill, March 23, 2022, in Washington, D.C.
Chip Somodevilla/Getty Images

"Your nomination turned out to be a testing ground for conspiracy theories and culture war theories. The more bizarre charges against you and your family, the more the social media scoreboard lit up yesterday," Durbin said. "I'm sorry that we go to go through this. These are not theories in the mainstream of America but they have been presented here as such."

"You are a respected, successful woman of color. You've been approved three times by this committee for increasingly significant judicial assignments," he added. "America is ready for this Supreme Court glass ceiling to finally shatter, and you, Ketanji Brown Jackson are the person to do it."

Mar 23, 2022, 9:12 AM EDT

Day 2 of questioning kicks off

The Senate Judiciary Committee reconvened just after 9 a.m. Wednesday on Capitol Hill where Judge Jackson will undergo another marathon day of questioning.

While Democrats have the votes to confirm Biden's high court nominee on their own, Jackson’s final day of questioning could prove critical to the White House goal of securing at least some Republican support and shoring up the court's credibility.

The East Front of the U.S. Capitol on March 21, 2022 in Washington, D.C.
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GOP Sens. Susan Collins, Lisa Murkowski and Lindsey Graham, who sits on the Senate Judiciary Committee, voted in favor of Jackson's confirmation to the D.C. Circuit last June, but after private meetings with Jackson this month, all three have been noncommittal about supporting her again.

The spotlight on a historic nominee -- and the court itself during such a consequential term of cases -- has also provided the opportunity for both political parties to appeal to key voting constituencies ahead of the midterm campaign season.

-ABC News' Devin Dwyer

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