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What Judge Ketanji Brown Jackson Could Face in Her Supreme Court Confirmation Hearings - CNET

If confirmed, Judge Ketanji Brown Jackson will be the first African-American woman on the Supreme Court.

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Senate confirmation hearings are scheduled to begin Monday for Supreme Court nominee Ketanji Brown Jackson, whom President Joe Biden tapped in February to replace retiring Associate Justice Stephen G. Breyer.

If confirmed, Jackson, currently a judge on the United States Court of Appeals for the District of Columbia Circuit, would be the first Black woman on the Supreme Court and only the third African-American after Thurgood Marshall and Clarence Thomas.

Here's what you need to know about Jackson, what she might face in her Senate Judiciary Committee hearings and in the confirmation process.

Who is Judge Ketanji Brown Jackson?

Jackson was born in Washington, DC, in 1970 and raised in Miami. Her father, Johnny, was an attorney for the Miami-Dade School Board while her mother, Ellery, was principal at New World School of the Arts in downtown Miami. 

Jackson's maternal uncle, Calvin Ross, was Miami's police chief from 1991 to 1994. Her younger brother, Ketajh Brown, served with the Baltimore Police Department from 2001 to 2008.

After receiving both her bachelor's and law degrees from Harvard, Jackson worked as a public defender and in private practice. She also served as a US district judge in the District of Columbia and on the US Sentencing Commission.

Jackson makes brief remarks at the White House after President Joe Biden introduced her as his nominee to the US Supreme Court on Feb. 25, 2022.

Drew Angerer/Getty Images

Announcing her nomination, Biden said she was "one of our nation's brightest legal minds and will be an exceptional Justice." He praised her as a "proven consensus builder" with a distinguished resume as both an attorney and a jurist.

At the same briefing, Jackson credited her father with inspiring her passion for the law. "Some of my earliest memories are of him sitting at the kitchen table reading his books," she said. "I watched him study, and he became my first professional role model."

What is the confirmation process for a Supreme Court justice?

When a sitting justice dies or steps down, the president has the power to nominate their choice to fill the vacancy. This can happen during a judicial term or in a recess.

The Senate then holds confirmation hearings to determine the candidate's qualifications and votes to confirm the nominee. Jackson's hearings begin Monday and are slated to last four days.

On Monday, Jackson will be introduced, and she and the committee members will be able to make opening statements. There will then be two days of questions from Senate Judiciary members, along with a statement from the American Bar Association and a closed-door session to discuss Jackson's FBI background check.

Only 51 yes votes out of 100, a simple majority, are needed to approve a Supreme Court nominee. With the Senate split 50-50 now, even if all the Republicans voted against Jackson, Vice President Kamala Harris has the authority to break a tie in her role as President of the Senate.

Since the 1970s, the average length of time between nomination and final Senate vote has been about 68 days, according to the Congressional Research Service. Justices can be confirmed more quickly, though: Amy Coney Barrett was seated just 27 days after her nomination in 2020.

Could the Senate Judiciary Committee hearings be contentious?

Jackson meets with Senate Minority Leader Mitch McConnell in advance of her Senate confirmation hearing.

Drew Angerer/Getty Images

Senate Minority Leader Mitch McConnell has said the Senate would conduct "a rigorous, exhaustive review," but the proceedings are expected to be far more cordial than the partisan quarrels over Justices Brett Kavanaugh and Amy Coney Barrett.

"I think it's going to be a warm fuzzy process, even if most Republicans oppose the nominee," Neal Devins, a law professor at William & Mary College in Virginia, told CNET. "There's little benefit to having a fight when they know there's no prospect of winning."

Senate Majority Leader Chuck Schumer said the process so far has been fair and quick. "These hearings matter," Schumer, a Democrat from New York, said on the Senate floor Thursday. "Americans deserve to hear for themselves from Judge Jackson, whose decisions will echo across American law for a long, long time."

What questions could Jackson face during her confirmation?

Jackson might be quizzed on topics the Supreme Court could rule on, like abortion, the death penalty and religious freedom. But nominees often avoid giving specifics on how they'd rule on theoretical cases.

It's likely more questions will be about Jackson's judicial philosophy and her work as a criminal defense attorney. She could also be asked about opinions she's rendered as a judge, including rulings on racial discrimination and labor unions and cases involving Trump administration officials.

Judge Jackson in Sen. Cory Booker's Capitol Hill office.

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Jackson may also be asked about recusal, since the high court will hear a challenge to admissions practices at Harvard that could have a major impact on affirmative action in higher education and Jackson is a member of Harvard's Board of Overseers, which "plays an integral role in the governance of the university," according to the school's website.

Sen. Josh Hawley, a member of the Judiciary Committee, said asking Jackson if she'd step aside in the suits is "a very fair question."

"I imagine it will come up, and I'd like to hear the answer myself," Hawley, a Republican from Missouri, told The Washington Post. 

What could be on the docket for Jackson as an Associate Supreme Court Justice?

So long as conservative justices hold a majority on the bench, Jackson wouldn't swing the court further to the left if confirmed. But she could join in ruling on several hot-button issues that have been making their way through the judiciary.

In January, the Supreme Court agreed to hear an appeal challenging the constitutionality of the Federal Trade Commission, which is charged with enforcement of antitrust laws and promoting consumer protection.

The US Supreme Court Building.

Robert Alexander/Getty Images

Arguments likely won't be heard until the next term, which starts in October.

The Supreme Court will address gun control in its current term, ending in June, when it rules on a challenge to a New York state law requiring individuals to show "proper cause" for applying for a concealed carry permit.

Jackson wouldn't be on the bench in time to address the case, but Devins said it's likely the court will revisit the issue in the coming years.

"The New York gun case is not the end of SCOTUS' input on Second Amendment rights," he said. "The scope of the Second Amendment will be figured out in subsequent cases."

The court is also slated to render a decision in Dobbs v. Jackson Women's Health Organization, a challenge to a 2018 Mississippi law prohibiting abortion after 15 weeks.

Devins also predicts the court will also soon address issues involving religious liberty, LGBTQ rights, evolving technology and the separation of powers among the three branches of government.

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