WASHINGTON — The third day of Judge Ketanji Brown Jackson’s affirmation hearings kicked off with acquainted themes from Republican skeptics of her Supreme Court nomination, and acquainted solutions from the historic nominee.
Round one of questioning wrapped up and senators moved right into a shorter spherical two, with 20 minutes allowed for every member of the Judiciary Committee.
Here are some key takeaways from the third day up to now.
Original intent and ‘modern-day’
Under questioning about the right way to reconcile constitutional provisions written for a world that has dramatically modified, Jackson mentioned her philosophy for balancing that.
“It’s a process of understanding what the core foundational principles are in the Constitution, as captured by the text, as originally intended, and then applying those principles to modern day,” she said under questioning about how the First Amendment’s protections for a free press apply in a world of smartphones.
Sen. Sheldon Whitehouse, D-R.I., said that judicial temperament and integrity are important but that “judicial philosophy” is overrated. He said it’s often a smokescreen for a policy-driven approach to judging that powerful special interests want to see, citing “originalism” for instance.
Durbin’s ‘editorializing’
The day opened with Senate Judiciary chair Dick Durbin, D-Ill., rebutting claims by Republican senators, particularly Sen. Josh Hawley, R-Mo., from the previous day — and irking some of his colleagues in the process.
“For many senators, yesterday was an opportunity to showcase talking points for the November election,” he said. “Yesterday, your nomination turned out to be a testing ground for conspiracy theories and culture war theories. The more bizarre the charges against you and your family, the more I understand the social media scoreboard lit up yesterday. I’m sorry we have to go through this.”
Sen. Mike Lee, R-Utah, and Sen. John Kennedy, R-La., chimed in to take issue with his “editorializing” — to which Durbin replied: “It’s called chairman’s time. It is a tradition in this committee.” He said his Republican predecessors have done the same.
Sen. Jon Ossoff, D-Ga., the only millennial on the committee, chimed in to tell his older colleagues to cut it out. “I don’t think we set an appropriate time by bickering about time and process at the outset of our proceedings,” he said.
Graham and Cruz’s aggressive questioning
The mood in the room was calmer and more jovial than Tuesday — until Sen. Lindsey Graham, R-S.C., took the mic. The exchange quickly grew tense as Graham took on a hectoring tone, grilling her about Democrats’ treatment of a lower court nominee from two decades ago and of Justice Brett Kavanaugh.
As he grilled her on illegal immigration, child pornography sentencing and past judicial battles, Graham interrupted Jackson multiple times, frustrating Democrats.
“Senator, she’s had nothing to do with the Kavanaugh hearings,” Durbin responded.
“No, however I’m asking her about how she could really feel about what y’all did,” Graham said.
“Senator, your time has expired,” Durbin replied.
Outside the room, Sen. Patrick Leahy, D-Vt., said Graham’s behavior was “past the pale” and that he was “badgering” the nominee. He called it “a tragic day for the U.S. Senate.”
That set Cruz off. “I appreciate the chairman trying to filibuster, and if you don’t like the witness’s answer you’re welcome to provide your own,” he mentioned. The Texas Republican and Illinois Democrat went forwards and backwards till Durbin, declaring Cruz’s time up, proceeded to the following senator.
During his questioning, Leahy, who has participated in 20 Supreme Court affirmation battles over practically half a century serving within the Senate, predicted the result of the Jackson hearings.
“You will become a member of the U.S. Supreme Court,” he informed her.
“I watch ‘Law and Order'”
Sen. Thom Tillis, R-N.C., did his finest to make a U.S. senator on the Judiciary Committee seem relatable to strange Americans.
“I’m not an legal professional. I watch “Law and Order” from time to time,” he informed Jackson throughout his questioning early within the day.
