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 23, 2022, 3:41 PM EDT

Cruz, Durbin in heated argument

Senate Judiciary Committee Chair Sen. Dick Durbin, D-Ill., and Sen. Ted Cruz, R-Texas, engaged in a lengthy argument over whether Judge Jackson should answer a question from Cruz regarding the length of a specific sentence in a child pornography case.

"I have spoken at length throughout this hearing about these cases. I have said what I'm going to say, which is I have taken every case seriously. These are very horrible crimes," she said.

Repeatedly interrupting his former Harvard University classmate and going over his allotted time for questioning, Cruz challenged Jackson that he was asking about a specific case, prompting Durbin to jump in and admonish him.

"Senator, would you please let her respond?" Durbin said.

"No, not if she’s not going to answer my question," Cruz replied.

"Senator, I did not say I’m not going to answer," Jackson offered at another point.

Sen. Ted Cruz questions Supreme Court nominee Ketanji Brown Jackson during a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C., on March 23, 2022.
Alex Brandon/AP

"I’ll just say to the judge, there’s no point responding. He’s going to interrupt you," Durbin added later, to which Cruz said, "if you want to join her on the bench, you can."

After Durbin loudly banged the committee gavel, Cruz said, "You can bang it as loud as you want."

While Jackson has explained several times under questioning how she approaches child pornography cases and defended her sentences, Cruz refused to back down and added to Durbin, "Apparently, you are very afraid of the American people hearing the answer the question."

-ABC News' Trish Turner

Mar 23, 2022, 3:12 PM EDT

Jackson says she would recuse herself from hearing Harvard affirmative action case

When Sen. Ted Cruz, R-Texas, raised the Supreme Court taking up an affirmative action case next term involving Harvard University, and asked if she would recuse herself from the case since she sits on Harvard's Board of Overseers, Judge Jackson said that was her plan, if confirmed.

Cruz went on to press Jackson about why she couldn't define what a woman is when Sen. Marsha Blackburn, R-Tenn., asked her to do so on Tuesday night.

"I think you are the only Supreme Court nominee in history who is not able to answer the question, 'what is a woman?'" Cruz said, though it appears she's the first nominee to also be asked the question. "As a judge, how would you determine if a plaintiff had Article III standing to challenge a gender-based rule regulation policy without being able to determine what a woman was?"

"So, senator, I know that I'm a woman, and I know that Senator Blackburn is a woman. The woman I admire most in the world is in the room today, my mother. It sounded as though the question…" Jackson replied, before Cruz asked her again in a different way.

Supreme Court nominee Judge Ketanji Brown Jackson responds to a question from Sen. Thom Tillis, foreground, as she testifies before the Senate Judiciary Committee on Capitol Hill in Washington, D.C., March 23, 2022, during her confirmation hearing.
Susan Walsh/AP

"Senator, the fact that you are asking me about who has the ability to bring lawsuits based on gender, those kinds of issues are working their way through the courts, and I'm not able to comment on them," she said.

Cruz went on to ask if he could change his identity from a Hispanic man to an Asian man to challenge Harvard University, to which Jackson said, "Senator, you are asking me about hypotheticals."

"I am asking where you would stand if I identified as an Asian man," Cruz quipped.

"I would assess standing the way I assess other legal issues, which is to listen to the arguments made by the parties to discern the relative precedents and the Constitutional principles and make a determination," Jackson said, in an increasingly heated exchange.

Mar 23, 2022, 2:45 PM EDT

Jackson continues to lay out federal guidelines for child porn sentences

Continuing a familiar attack line for Republicans on the committee, Sen. Mike Lee, R-Utah, also tried to drill down on Judge Jackson's sentences for child pornography offenders, raising the case of a defendant who use a computer to access images, but Jackson, again, defended her record and laid out how she approaches the cases.

Nevertheless, Lee still said he has "grave concerns" about her record.

Sen. Mike Lee questions U.S. Supreme Court nominee Judge Ketanji Brown Jackson during her Senate Judiciary Committee confirmation hearing in the Hart Senate Office Building on Capitol Hill on March 23, 2022, in Washington, D.C.
Drew Angerer/Getty Images

"Senator, as in every child pornography case that I sentenced, I considered all of the evidence, all of the relevant factors. It is not the same exercise to look at a transcript, to think about guidelines, to not have in front of you the individuals, the victims, the pictures, the circumstances that trial judges have to review in these cases or any cases," she said.

In addition to evidence and recommendations, she reminded, again, that courts have "under Congress' authority, the responsibility of using our judgment to make determinations that are 'sufficient but not greater than necessary' to comply with the purposes or promote the purposes of punishment, taking into account things like unwarranted sentencing disparities."

Judge Ketanji Brown Jackson testifies during the third day of a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C., March 23, 2022.
Saul Loeb/AFP via Getty Images

Because the federal sentencing guidelines for child pornography offenses were drafted before the internet age, Jackson has argued judges can't only look at the number of lewd images when handing down sentences but have several other factors to evaluate.

"It may seem like an easy exercise. It may seem in retrospect when you look back at a few pieces of data, that courts have not done what it is that they're supposed to do, but what I can assure you, is that I took every one of these cases seriously in my duty and responsibility as a judge -- and I made my determinations in light of the seriousness of the offense, the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence imposed to promote various purposes of punishment and all of the other factors that Congress prescribes," she said.

Mar 23, 2022, 1:55 PM EDT

This is the 'real Ketanji,' former clerks say of Wednesday's emotive performance

The Senate Judiciary Committee took a 30-minute break for lunch as Judge Jackson undergoes another round of all-day questions.

ABC News Senior Washington Reporter Devin Dwyer, reporting from inside the hearing room, characterized Jackson's demeanor on Wednesday as "emotive, confident and tough."

Though she told the committee in her opening that she hadn't had much sleep, she has been frequently gesturing, flashing a smile, and a roll of the eyes, appearing more comfortable in her seat.

Several of her former clerks told Dwyer that Wednesday's performance is the "real Ketanji."

Related Topics

Sponsored Content by Taboola