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 21, 2022, 1:35 PM EDT

Sasse raises the ‘Ginsburg rule’

The Ginsburg rule, named for the late Justice Ruth Bader Ginsburg who famously deflected senators' questions when asked at her confirmation hearings how she would rule on a hypothetical case, follows the thinking that justices shouldn’t hint at how they would rule because they should be open-minded when an actual case comes before them.

Sen. Ben Sasse, R-Neb., said in his opening statement that despite the Ginsburg rule, Jackson should be able to answer in detail questions about her own judicial philosophy -- and how she goes about deciding a case.

"It's incredibly important for a judge to tell us how she or he works out those principles in times that are new and confusing," Sasse said. "Unfortunately, too many of the court's decisions do not rest on solid constitutional foundations and reliable legal reasoning. Justices have too often written decisions to claim partisan policy victories and then retrofit bad legal or decision-making to justify that ruling."

Supreme Court nominee Ketanji Brown Jackson listens during her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C, March 21, 2022.
J. Scott Applewhite/POOL/AFP via Getty Images

"It’s for that reason that, while we should all respect the Ginsburg rule, the idea that judges sitting before this panel should not weigh in on hypothetical cases likely to come before the court, nominees do, nonetheless, have a duty to be very clear about their judicial philosophy, their legal views and interpretive principles," he continued. "The American people should not be asked to consent to any nominee who operates on principles that are obscure, confused or concealed."

-ABC News' Trish Turner

Mar 21, 2022, 1:26 PM EDT

Blumenthal praises 'giant leap into present' with Jackson's nomination

Sen. Richard Blumenthal, D-Conn., spoke about the historic nature of the hearings -- the first time in 233 years the Senate will consider the nomination of a Black woman to the Supreme Court.

"Historic is a word often overused in this place where a lot of history is made, but today seems truly to merit it," Blumenthal began. "Certainly it is an inflection point -- an inflection pinnacle -- for our nation. The appointment of a Black woman to the United States 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 the court," he added. "The appointment of a Black woman to the court will make the court look more like America. Hopefully, too, it will make the court think more like America."

Sen. Amy Klobuchar shakes hands with Supreme Court nominee Judge Ketanji Brown Jackson during her confirmation hearing before the Senate Judiciary Committee on Capitol Hill March 21, 2022 in Washington, D.C.
Drew Angerer/Getty Images

Blumenthal went on to praise Jackson's experience as a public defender, saying the American justice system works best when there is good counsel on both sides. Jackson is the first nominee to the nation's highest court with a background as a public defender.

"Representation matters for the legitimacy and credibility of our judicial system," he said. "People walking into your courtroom or any other in this country look to the human being, not just to the robes."

"Your presence will ensure the court more fully and deeply understands the lives and experiences of everyday Americans," he added.

Mar 21, 2022, 1:14 PM EDT

Republicans relive Kavanaugh hearings in opening statements

Republicans have continually used their opening statements in Jackson’s confirmation hearings to lament Supreme Court Justice Brett Kavanaugh’s confirmation hearings to the court in 2018.

Sens. Chuck Grassley, R-Iowa, Lindsey Graham, R-S.C., and Sen. Ted Cruz, R-Texas, all brought up Kavanaugh in their opening statements, claiming Jackson will be treated with more respect.

"Judge Jackson, I can assure you that your hearing will feature none of that disgraceful behavior," Cruz said. "No one is going to inquire into your teenage dating habits. No one is going to ask you with mock severity, 'Do you like beer?'"

Sen. Ted Cruz delivers remarks during the Senate Judiciary Committee confirmation hearing for U.S. Supreme Court nominee Judge Ketanji Brown Jackson on Capitol Hill, March 21, 2022, in Washington, D.C.
Win Mcnamee/Getty Images

Cruz attempted to get ahead of the argument, he said, that rigorous questioning or a vote against Jackson’s confirmation means "you must somehow harbor racial animus" and went on to list instances when Democrats blocked nominations of racial minorities to judicial posts.

A theme emerging for Democrats, meanwhile, has been to preempt attacks from Republicans that Jackson is "soft on crime" with several of them speaking about her ties to law enforcement.

Supreme Court nominee Judge Ketanji Brown Jackson listens during her confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill, March 21, 2022, in Washington, D.C.
Anna Moneymaker/Getty Images

Mar 21, 2022, 12:46 PM EDT

Klobuchar compliments Jackson’s family values -- and wardrobe

Sen. Amy Klobuchar, D-Minn., ticked through Judge Jackson's qualifications to the high court in her opening statement but first, she took a moment to compliment her "bold purple" blazer and turned to Jackson's family values.

"If Senator Whitehouse is pleased that you once clerked for a Rhode Island judge, we, in Minnesota, are equally happy that you are wearing bold purple today, winning over both Prince and Minnesota Vikings fans the world over," she joked.

Judge Ketanji Brown Jackson arrives for a Senate Judiciary Committee hearing on her nomination to become an Associate Justice of the US Supreme Court on Capitol Hill in Washington, D.C, March 21, 2022.
Saul Loeb/AFP via Getty Images

Klobuchar also welcomed Jackson's husband, Patrick, two daughters, Talia and Lelia, and parents, Johnny and Ellery Brown, all seated inside the hearing room, and told Jackson it was clear, "your family has been a constant source of inspiration and support for you."

"While these hearings are truly an opportunity for my colleagues have pointed out for Americans to get to know your legal acumen, we also learned about your background, your experiences, your values, and for so many of us, including people watching this hearing across the country, our values start with our family," she said.

Dr. Patrick Jackson, husband of Supreme Court nominee Judge Ketanji Brown Jackson, listens during her confirmation hearing before the Senate Judiciary Committee, March 21, 2022, on Capitol Hill in Washington.
Jacquelyn Martin/AP

As many senators had before her, Klobuchar also acknowledged the historic nature of Jackson's nomination.

"You, judge, are opening a door that's long been shut to so many and by virtue of your strong presence, your skills, your experience, you are showing so many little girls and little boys across the country that anything and everything is possible," she said.

Klobuchar also noted the historic timing of the hearings -- "at a moment in our history when the people of this country are once again seeing, this time in Ukraine, that democracy can never be taken for granted. Eternal vigilance, it's been said, is the price of liberty."

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