What to Watch For on Day 2 of Jackson’s Confirmation Hearing

After a day of tone-setting opening statements, Day 2 of Decide Ketanji Brown Jackson’s Supreme Court docket affirmation listening to guarantees to steer deeper into substance, and probably partisan combating, because the 22 members of the Senate Judiciary Committee query the nominee on Tuesday.

There’s little doubt that Decide Jackson will finally be confirmed by the Senate as the primary Black feminine justice, owing to each Democratic management of the chamber and assist from some Republicans for her earlier appointments.

However in a marathon day of questioning that’s anticipated to start out at 9 a.m. and run into the night time, committee members of each events might spend their time on Tuesday utilizing Decide Jackson’s nomination to make political arguments. Many have already signaled their intent to look at her considering on contentious social subjects. Republicans have additionally hinted at a method of portraying her as comfortable on crime.

Here’s what to observe for as Decide Jackson faces questions.

What’s Jackson’s judicial philosophy?

One of many fundamental traces of questioning on Tuesday will virtually actually middle on the method Decide Jackson takes in deciding instances, and members of each events have expressed an curiosity in urgent her to say extra.

Seemingly anticipating this dialogue, Decide Jackson advised committee members on Monday that her method was characterised by easy, unbiased considering.

“I consider the details, and I interpret and apply the regulation to the details of the case earlier than me, with out worry or favor, in keeping with my judicial oath,” she stated.

Primarily based on senators’ opening statements on Monday, nevertheless, the query is more likely to come up once more.

A number of Republican senators expressed issues about how Decide Jackson would interpret the Structure, echoing questions she has answered in previous hearings. These largely stem from the long-running debate over whether or not the Structure ought to be utilized because it was understood on the time it was adopted, or seen as a “residing doc” that evolves with the instances.

On Monday, senators additionally hinted that they deliberate to press Decide Jackson on how she would method instances that contact on divisive political questions.

A number of Republicans, together with Senator Marsha Blackburn of Tennessee, gave the impression to be making ready to query Decide Jackson on how problems with race ought to issue into judicial decision-making.

Senator Jon Ossoff, Democrat of Georgia, stated on Monday that he hoped to listen to about how Decide Jackson would contemplate instances pertaining to First Modification protections, and disputes over government struggle powers.

How a lot will senators give attention to Jackson’s public defender expertise?

If confirmed, Decide Jackson could be the primary former federal public defender to serve on the Supreme Court docket.

Democrats have largely celebrated Decide Jackson’s expertise representing prison defendants, arguing that it brings an necessary perspective to the bench, particularly in instances targeted on civil rights. Republicans on the committee, together with Senator Lindsey Graham of South Carolina, additionally expressed admiration for her work on Monday.

When contemplating Decide Jackson for earlier judicial posts, nevertheless, Republicans requested whether or not the identical expertise, which incorporates illustration of detainees on the army jail at Guantánamo Bay, Cuba, may colour Decide Jackson’s rulings on insurance policies associated to prison sentencing or immigration.

Decide Jackson has beforehand batted again such questions by saying that she was assigned the Guantánamo instances and that her work didn’t essentially characterize her private views.

However the problem seems more likely to resurface because the four-day listening to continues.