WASHINGTON – Judge Ketanji Brown Jackson, President Joe Biden’s nominee to the Supreme Court, made history Monday as she faced senators on the first day of a marathon process to potentially be confirmed as the nation’s first Black woman on the Supreme Court. 

Across more than two centuries of American history, the Supreme Court has had 115 justices. Only five have been women. Just one has been a woman of color. Before Jackson, a Black woman had never been nominated to the high court.

Her nomination is the latest barrier to fall at the highest levels of American government. More than a year ago, then-Sen. Kamala Harris made history as the first woman and first woman of color to be sworn in as vice president.

In an emotional opening statement, Sen. Cory Booker, the New Jersey Democrat and only Black member of the Senate Judiciary Committee, said he could barely contain his joy in seeing Jackson in the Capitol for her confirmation.

“This is not a normal day for America,” Booker said, harkening to other historic firsts for the court. “We have never had this moment before.”

Senators from both sides of the aisle celebrated the historic nature of Jackson’s nomination on Monday, but they also started to draw their own battle lines before the real fireworks likely begin Tuesday and Wednesday.

Jackson will face a marathon session of questions from members of the Senate Judiciary Committee the rest of this week before members make a report on her confirmation to the full Senate.

Democrats on the Senate Judiciary Committee emphasized Jackson’s role in the greater history of the Supreme Court, which has never had a Black woman as a justice.

“You, Judge Jackson, can be the first,” Senate Judiciary Committee Chairman Dick Durbin said, noting that being first isn’t always easy. “Today is a proud day for America.”

The news come to you:Sign up for the OnPolitics newsletter here and say informed on everything politics

Gallery:Biden nominates U.S. Circuit Judge Ketanji Brown Jackson to Supreme Court

Durbin dismisses idea that Jackson is soft on crime

Democratic Sen. Dick Durbin of Illinois, the chair of the Senate Judiciary Committee, dismissed GOP accusations that Judge Jackson is soft on crime. 

“Those of us who are on the committee can tell you that every nominee from the Biden administration faces the same charge, regardless of their background, regardless of their record,” Durbin told reporters after the first day of the hearing. 

“It is a campaign theme for 2022. It’s played out every time the Judiciary Committee considers” a nomination, Jones said. “I don’t think there’s any credibility to it.”

— Dylan Wells

Supreme Court Sherpa Doug Jones reflects on first day

“We’re very hopeful that this hearing is going to go as well as it did today,” former Sen. Doug Jones, D-Ala., told reporters after the first day of the confirmation hearing. Jones serves as Supreme Court Sherpa, helping Judge Jackson navigate the Hill. 

“No one is perfect. Everybody’s gonna find something that they are not happy about,” said Jones of GOP criticism of Jackson. “Nothing that we’ve heard today was something that we haven’t heard before.”

“I think there’s gonna be some very pointed questions about her record, and that’s what the senators are there for. I think she will be prepared,” Jones said. Jackson delivered an opening statement today, but won’t be questioned until tomorrow. 

Jones said it will be “very simple” for Jackson to argue that she’s not soft on crime due to her record, an attack leveled by some Republicans. As for Missouri GOP Sen. Josh Hawley listing a number of child pornography cases today that he hopes to question Jackson about, Jones said “given his tweets and statements, it was not surprising. We expected those and she will be able to talk about each one of those cases.”

Asked if Jackson will share her thoughts on if the court should be expanded, another criticism from Republicans, Jones said, “I don’t think any judicial nominee should be talking about legislative policy. Everybody understands that the size of the Supreme Court is an issue for this body, for the Congress – it is not for the court.” 

“I think what you saw today was a concerted effort on everyone’s part to make sure that this nominee gets her hearing in a very respectful way,” Jones said. 

— Dylan Wells

In case you missed it:Biden formally introduces ‘truly humbled’ Ketanji Brown Jackson as Supreme Court pick

Jackson: Lengthy legal opinions show value of transparency

Judge Ketanji Brown Jackson said she has developed a reputation for writing long.

About her nearly 600 opinions the Senate Judiciary Committee has collected as part of her confirmation process for the Supreme Court, Jackson joked about the length of the reading material, saying she strives to be explicit in her writings.

“I believe in transparency, that people should know precisely what I think and basis for my decision,” she said.

Her time as a public defender have made her sensitive to litigants’ need to understand that they have been heard by their judge, even if they don’t prevail.

She said she has dedicated her career to ensuring the words “equal justice under law” engraved on the front of the Supreme Court building “are a reality and not just an idea.”

— Rick Rouan

More:We binge-watched 14 hours of Ketanji Brown Jackson’s speeches. Here’s what we learned.

Jackson pledges to be an ‘independent’ and ‘neutral’ judge

Perhaps anticipating Republican criticism, Jackson pledged to be a Supreme Court justice who will adhere to the Constitution and not to her personal views.

“I have been a judge for nearly a decade now, and I take that responsibility and my duty to be independent very seriously,” Jackson said. “I decide cases from a neutral posture.”

While critics have accused her of being a liberal ideologue, Jackson said that “I evaluate the facts, and I interpret and apply the law to the facts of the case before me, without fear or favor, consistent with my judicial oath.”

— David Jackson

Jackson: Name honors African heritage

The first Black woman nominated to the Supreme Court said she got her name from her parents’ pride in their African heritage.

Ketanji Brown Jackson said her parents were told that her given name, Ketanji Onyika, meant “lovely one.”

“My parents taught me that, unlike the many barriers that they had had to face growing up, my path was clearer, such that if I worked hard and believed in myself, in America I could do anything or be anything I wanted to be,” she said. “Like so many families in this country, they worked long hours and sacrificed to provide their children every opportunity to reach their God-given potential.”

— Rick Rouan

Jackson thanks her husband and daughters

Like most nominees, Jackson isn’t talking about issues and is instead stressing personal qualities – particularly family.

Praising her husband, Dr. Patrick Jackson, the Supreme Court nominee said: “I have no doubt that, without him by my side from the very beginning of this incredible professional journey, none of this would have been possible.”

Jackson also praised daughters Talia and Leila: “Girls, I know it has not been easy as I have tried to navigate the challenges of juggling my career and motherhood. And I fully admit that I did not always get the balance right.”

“But,” she added, “I hope that you have seen that with hard work, determination, and love, it can be done.”

— David Jackson

Jackson: My faith sustains me

After thanking President Biden and other officials for her nomination, Jackson also spoke about her religious roots.

“While I am on the subject of gratitude, I must also pause to reaffirm my thanks to God, for it is faith that sustains me at this moment,” Jackson said. :Even prior to today, I can honestly say that my life had been blessed beyond measure.”

— David Jackson

Jackson stresses her history of being confirmed

The Supreme Court nominee opened with a subtle reminder to the assembled senators: You have confirmed me for three previous jobs.

“Today will be the fourth time that I have had the honor of appearing before this Committee to be considered for confirmation,” Jackson said in her opening statement.

That includes the federal appeals court in Washington, D.C., Jackson’s current position.

– David Jackson

Hearing preview:What to watch for in Ketanji Brown Jackson’s hearing

Lisa Fairfax introduces Jackson as a role model who ‘defines friendship.’

Lisa Fairfax, a professor at the University of Pennsylvania School of Law, introduced her friend Jackson before she spoke at the Senate judiciary confirmation hearing.

“She’s the friend that made sure we all (belonged.) A woman of deep faith in God and unyielding love for family,” said Fairfax, who first met Jackson in college.

The two have remained friends for 35 years, she said. The Supreme Court nominee appeared to wipe a tear as Fairfax spoke of how Jackson showed their friend group the power of hard work in transforming “the seemingly impossible into the achievable.”

— Chelsey Cox

Biden wishes Jackson good luck

President Joe Biden called Supreme Court nominee Ketanji Brown Jackson on Sunday night to wish her good luck with her confirmation hearing this week, the White House said.

Biden has been receiving regular updates on the hearing, White House press secretary Jen Psaki said.

— Michael Collins

Blackburn promises “tough questions” for Jackson

Sen. Marsha Blackburn, R-Tenn., one of the most outspoken Republican critics of Jackson’s nomination, promised “tough questions” for the nominee at the hearings, but said they would be asked respectfully.

Blackburn’s complaints about Jackson included issues of parental rights, trans athletes, education policy, mask mandates, criminal justice, court packing and the length of prison sentences for child pornographers.

“I can only wonder, what’s your hidden agenda?” Blackburn asked Jackson at one point. 

Blackburn’s criticism echoed those of other Republicans, though there is no indication they have the votes to derail her nomination.

Her statement also concluded the opening statements by senators.

-– David Jackson

More:What’s next for Supreme Court nominee Ketanji Brown Jackson? A high-profile confirmation process

Tillis: Judges should call ‘balls and strikes,’ not be activists

Sen. Thom Tillis, R-N.C., said he would retain an “open mind” as he considered whether Ketanji Brown Jackson’s judicial philosophy fits with how he would prefer a Supreme Court justice to weigh cases.

“I don’t want an activist at either end of the spectrum,” Tillis said during opening remarks on Monday, saying he told all three of former President Donald Trump’s nominees that he expected they would deliver opinions he disagreed with.

“If we are talking about preserving the integrity of the Supreme Court, there’s no place on the court for judicial activism,” he said.

Tillis said justices should call “balls and strikes” based on the law.

Calling the first nomination of a Black woman to the court “quite extraordinary,” Tillis said Jackson was showing “young boys and girls” that sitting on the high court was within reach.

— Rick Rouan

In her own words:We binge-watched 14 hours of Ketanji Brown Jackson’s speeches. Here’s what we learned.

Sen. Alex Padilla: “You are ready to blaze this trail”

Sen. Alex Padilla, D-Calif., stressing his own Latino roots, said Jackson’s nomination to be the first Black woman on the Supreme Court proves the need for ‘”more voices” and “more perspectives” in government.

“You are ready to blaze this trial,” said Padilla, who also echoed other Democrats in stressing Jackson’s years of judicial and legal experience.

“You are clearly more than qualified,” Padilla said.

Padilla closed his opening statement by speaking in Spanish in praise of the nominee – perhaps a first for a Supreme Court nomination hearing.

-– David Jackson

Review:Supreme Court nominee Ketanji Brown Jackson’s opinions shows outcomes cut both ways

Rep. Jackson Lee dismisses Hawley’s child pornography remarks

During the hearing lunch break, Democratic Rep. Sheila Jackson Lee of Texas told reporters that she expects that the child pornography questions raised by GOP Sen. Josh Hawley of Missouri “will be meritless.” 

“We will see how they are poised in the hearing. I don’t even call them charges, they are points that he wanted to make. But we’ll see how they poison hearings in terms of the questions to her,” Jackson Lee said.

Jackson Lee, a member of the Congressional Black Caucus, said of Judge Jackson, “I’m here to celebrate, but also going to be here to support her.” 

As Jackson returned to the hearing room after the break, Jackson Lee approached the judge and grabbed her hands, before introducing herself to Jackson’s husband. 

– Dylan Wells

Booker: ‘This is not a normal day for America’

In an emotional opening statement, Sen. Cory Booker, D-N.J., celebrated the historic nomination of a Black woman to the Supreme Court.

“This is not a normal day for America,” Booker said, harkening to other historic firsts for the court. “We have never had this moment before.”

In its history, the court has had 115 justices, but only five have been women and only one has been a woman of color.

“We are showing that we indeed will go deep into the waters of our nation and pull forth the best talent,” Booker said. Qualified candidates from underrepresented groups have had an “artificial barrier” that have kept them from sitting on the federal bench, he said.

Citing his upbringing in a small Black church, Booker said he was struggling to contain the joy he felt over Jackson’s nomination.

“The senate is poised right now to break another barrier. We are on the precipice of shattering another ceiling,” he said. “I just feel this sense of overwhelming joy as I see you sitting there.”

— Rick Rouan

More:Jackson says she’s ‘humbled’ by historic nomination to Supreme Court as focus shifts to Senate

Tom Cotton: Biden administration is ‘waging war on the rule of law’

Sen Tom Cotton, R-Ark., a Republican who is thinking of running for president, said little about Jackson’s record, but instead focused on attacking the Biden administration in general.

The administration is “waging war on the rule of law” on issues like gun rights, border security, and executive power, Cotton said in his opening statement. He also hit the administration over rising crime rates, and claimed we are witnessing “a breakdown” of society.

Officials also want to “pack the Supreme Court,” Cotton said, and the panel should remain at “nine justices and no more.”

As for Jackson, Cotton – who voted against her for a lower court slot – said he enjoyed meeting the nominee and will have “more questions” for her in the days ahead.

-– David Jackson

How does someone become a Supreme Court Justice?

Jackson must be approved by the Senate, a power given to the chamber in the Constitution.

Every aspect of Jackson’s personal and professional life has been and will be scrutinized by both the Senate and general public. Senate staffers will read through all of her judicial decisions, speeches, interviews and any other information they can find to prepare lines of questioning for a Senate Judiciary Committee hearing.

Though the Biden administration vetted Jackson before nominating her, new information could emerge during the confirmation process.

Read the whole story here:What’s next for Supreme Court nominee Ketanji Brown Jackson? A high-profile confirmation process

— Dylan Wells

Hirono condemns use of term ‘affirmative action’ to describe Jackson nomination

Sen. Mazie Hirono, D-Hawaii, condemned those who oppose the nomination of Ketanji Brown Jackson to the Supreme Court by invoking the phrase “affirmative action.”

“They have implied you were solely nominated due to your race,” she said, calling a conservative media personality’s demand for the judge to release her LSAT scores “incredibly offensive and condescending.”

As the first Black woman to be nominated to the court, Jackson would break new ground for a court long dominated by white men who make decisions for a diverse country, she said.

“Your nomination is not about filling a quota. It’s about time,” she said. “It’s about time we have a highly qualified, highly accomplished Black woman on the Supreme Court. It’s about time the highest court reflects the country it serves. It’s about time Black women and girls can find someone who looks like them sitting on the court.”

— Rick Rouan

Who were the women who preceded Jackson?:For Black women judges like Jackson, blazing a trail has meant opportunity, scrutiny

Hawley leans on pornography sentencing

Sen. Josh Hawley, R-Mo., didn’t waste time going after Jackson directly on a line of attack he’s raised in recent days: That as a federal trial court judge, she handed down sentences for defendants of child pornography charges below sentencing guidelines.

Hawley’s criticism was notable, in part, because it represented a departure from many other Republicans on the committee who have directed their ire at Democrats or the Supreme Court itself.

Hawley, a former attorney general from Missouri, went through several of the cases he has focused on.

U.S. Sentencing Commission guidelines are not mandatory and the independent agency’s own research has demonstrated that the majority of federal possession charges are sentenced under the guidelines regardless of the judge involved in the case.

“She hasn’t had the chance yet to respond to this,” Hawley noted. “I think it’s important that we hear from Judge Jackson in coming days.”

Hawley, a potential 2024 presidential candidate, was closely watched heading into the hearing because he was the one who first raised the allegations in the first place. Several independent fact check organizations have found that the claims are missing important context, including a years-old debate about whether the guidelines are too harsh.

Hawley said he believes they are not.

“This committee has heard testimony from prosecutors and others who are grappling with the problem of how to get at this porn and those who distribute it,” Hawley said. “I think it’s difficult, against this backdrop, to argue that the sentencing guidelines are too harsh or outmoded.”

– John Fritze

Who would Jackson be replacing?:Pragmatist. Institutionalist. Optimist. How Justice Stephen Breyer changed the Supreme Court

Blumenthal: A Black woman should’ve been appointed ‘years ago’

Sen. Richard Blumenthal gave the most robust defense of any Democratic senator on the committee thus far on President Joe Biden’s choice to nominate a Black woman to the high court.

“The appointment of a Black woman to the U.S. Supreme Court – let’s be very blunt –should have happened years ago. This day is a giant leap into the present for our country and for the court,” he said.

A poll released Monday by Monmouth University found 53% of Americans approve of the president’s pledge as a candidate.

Jackson will bring a different perspective to the court, Blumenthal, D-Conn., said, adding how representation is important to the judicial branch’s legitimacy and credibility.

“Your service will make the court look more like America, hopefully too it will make the court think more like America,” he said.

– Phillip M. Bailey

Sasse pushes back against ‘broken’ confirmation process

Sen. Ben Sasse, R-Neb., said the Senate Judiciary Committee can break a cycle of confirmation hearings for Supreme Court justices that have become increasingly characterized by personal attacks as it considers the nomination of Ketanji Brown Jackson.

Following his Republican colleagues’ invocation of conservative nominees he said faced unfair criticism, Sasse called the process “broken,” and a symptom of a “broader brokenness and the erosion of our constitutional structure.”

Sasse said “screamed threats” in 2018 from Democratic Sen. Chuck Schumer, now the Senate majority leader, against justices Neil Gorsuch and Brett Kavanaugh were an example of the “bullying” justices have faced. Schumer later apologized for comments made as the court heard a case about a Louisiana abortion law.

“That’s weird. We should all be able to pause and say that’s weird. That kind of behavior shouldn’t happen,” Sasse said.

– Rick Rouan

Jackson compared to Ruby Bridges

Sen. Chris Coons, D-Delaware, compared Jackson’s expected walk through the door of becoming the first Black woman on the Supreme Court to the walk 6-year-old Ruby Bridges made in November 1960, when she became the first African American student to integrate a public school in the South.

– Kevin McCoy

Who is Ruby Bridges? 60 years ago, Ruby Bridges integrated a New Orleans school. Here’s what she tells kids today

Cruz: ‘This is not about race’

Sen. Ted Cruz, R-Texas, focused his opening statement on what has become a common theme of the hearing so far: Complaints about how Democrats handled past Supreme Court nominees from Republican presidents.

Almost as interesting is what Cruz didn’t discuss: Much of anything about Jackson’s record.

“This will not be a political circus,” said Cruz, a potential 2024 presidential candidate. “This will not be the kind of character smear that sadly our Democratic colleagues have gotten very good at.”

“This is not about race,” Cruz said. “It is, however, about issues and substance.”

Cruz also spent considerable time discussing the Supreme Court itself, arguing that it had become a quasi legislative body for progressive causes.

“It’s much simpler to convince five lawyers in black robes than to try to convince 330 million Americans,” Cruz said.

It is conservatives who have a 6-3 advantage on the current court.

– John Fritze

Supreme Court 101:What is the Supreme Court? Everything you need to know about the SCOTUS and its justices

Klobuchar: Jackson would bring ‘real-world perspective’ to Supreme Court

Sen. Amy Klobuchar, D-Minn., pushed back against Republicans on the Senate Judiciary Committee advocating for a strict reading of the Constitution.

During her opening remarks in the confirmation hearing for Supreme Court nominee Ketanji Brown Jackson, Klobuchar said the court should consider the people at the other end of its decisions.

Jackson, she said, would bring a “real world perspective” the court needs.

Citing Associate Justice Stephen Breyer, whom Jackson would replace upon his pending retirement, Klobuchar said the court had to ensure the Constitution remains “workable” for the time.

“Those words, his words, are highly relevant to the court,” she said.

– Rick Rouan

Lee: Court packing delegitimizes the Supreme Court

One issue Republicans will bring up often over the next four days will be a call by progressive activists to add justices to the bench as a way to combat the current 6-3 conservative-leaning majority.

Sen. Mike Lee, R-Utah, indicated how he will grill Jackson about whether she agrees if more justices should be added to the bench. He noted former President Franklin Delano Roosevelt attempted to do such in the late 1930s, and how it stained the court’s reputation.

“There is nothing in the Constitution that requires us to have nine and only nine justices,” Lee said. “But nine is the number that works, and it’s worked now for 152 years. It’s not one we ought to revisit.”

Lee said previous justices of different ideological leanings have opposed the idea.

Jackson, he said, has served at all three levels of the judiciary and he acknowledged how given the 50-50 makeup of the Senate – with Democrats hold the tie-break vote with the vice president – she will likely be confirmed.

– Phillip M. Bailey

Sentencing:Supreme Court pick Jackson could have ‘profound’ impact on sentencing

Cornyn questions whether Jackson ‘advocacy’ guides decisions

Sen. John Cornyn, R-Texas, said he was “disappointed” that Supreme Court nominee Ketanji Brown Jackson hasn’t revealed more about her “judicial philosophy.”

Pointing to Jackson’s lengthy resume, Cornyn said the federal judge had plenty of time to form that philosophy and questioned whether her “advocacy has bled over into (her) decision-making process as a judge.”

“This is not your first rodeo,” Cornyn said.

Cornyn picked up where other Republicans had left off, railing against judicial activism and in favor of a court that constitutional framers, he said, believed would play a “modest but important” role in the government.

– Rick Rouan

Whitehouse: Jackson not from ‘partisan petri dishes’

Sen. Sheldon Whitehouse, D-R.I., has drawn significant attention to the issue of “dark money” influencing Supreme Court nominees in the past. He used most of him time during Associate Justice Amy Coney Barrett’s hearing in 2020, for instance, to focus on that issue.

But while Republicans on the committee are hoping to raise that issue with Jackson, Whitehouse argued it’s an apples-to-oranges comparison.

“She wasn’t groomed in partisan petri dishes,” Whitehouse said of Jackson, who he said “came to us not through a dark-money funded turnstile, but through a fair and honest selection process.”

– John Fritze

Feinstein: As a woman, I am proud

Sen. Diane Feinstein, D-California, who has participated in nine previous Supreme Court confirmation hearings, said Jackson’s resume is one of the most impressive she’s seen.

“Looking at your record, it’s clear you have the qualifications, and the experience and the knowledge needed to serve on the Supreme Court,” she said. “And as a woman, it makes me very proud of that.”

Feinstein mentioned how the high court is facing “foundational” cases, including abortion rights, gun regulations and environmental concerns such as climate change. She said as the former mayor of San Francisco she knows how those issues will impact real people across the country.

Jackson, the longtime California lawmaker said, has exemplified an even-handed approach to the law that will stand above politics, and independent of the other branches of government.

– Phillip M. Bailey

Graham tears into Dems for past hearings

Sen. Lindsey Graham, R-S.C., used his opening statement to complain bitterly that, in his view, Democrats have not treated previous nominees from Republican presidents fairly.

Graham, who voted for Jackson for the D.C. Circuit last year, complained that diverse candidates nominated by Republican presidents haven’t received the same treatment as Jackson, the first Black woman nominated to the Supreme Court.

“If you’re a Hispanic or African American conservative it’s about your philosophy,” Graham said of past Democratic criticism. “Now, it’s going to be about the historic nature” of the nomination.

Graham said Republicans would be labeled “racist if we ask hard questions” but said that’s “not gonna fly with us.”

Graham, who has voted for Democratic nominees for the Supreme Court before, also criticized what he described as a “takedown” on the left of another Supreme Court candidate Biden had considered, U.S. District Judge J. Michelle Childs, who is from Graham’s home state.

Some labor groups had questioned Childs’ previous work on behalf of employers against unions.

“It’s gonna be a couple interesting days,” Graham said.

– John Fritze

Leahy: Jackson ‘fair and impartial’ jurist

Sen. Patrick Leahy, D-Vt., said Ketanji Brown Jackson’s nomination to the Supreme Court could help restore American confidence in a judicial system he