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, 3:57 PM EDT

Democrat puts onus on Congress, not Jackson, to update federal sentencing guidelines

As Republicans continue to question Judge Jackson on her child pornography sentencing, Sen. Chris Coons, D-Del., put the onus on Congress to update federal sentencing guidelines judges follow for those cases, which were created before the internet was widely accessible.

Appearing to warn Americans watching along at home, Coons characterized the probing as "unfair" and a "misrepresentation" of Jackson’s record.

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

"I would simply put for those who are watching and trying to understand what all of this is about, that is an attempt to distract from your broad support, your deep record, your outstanding intellectual and legal credentials that we are taking what is a policy dispute that should be decided by members of the Senate," Coons said.

"If we want to change the sentencing guidelines to make them mandatory rather than advisory, if we want to change the structure within which a federal judge imposes sentences, we could do that. But to demand that you be held accountable for this practice that is nationwide and is years old, I view, as an unfair misrepresentation of your record," he added.

Mar 23, 2022, 3:53 PM EDT

Biden impressed how Jackson 'dismantled bad faith conspiracy theories'

President Joe Biden is proud of the "intellect" and "grace" Jackson has displayed during the confirmation hearing, White House principal deputy press secretary Karine Jean-Pierre said Wednesday.

"The president was also impressed with how she dismantled bad faith conspiracy theories that have been fact checked by major media outlets and experts," she said.

When asked about allegations that Jackson is a critical race theory proponent, Jean-Pierre repeated some of Jackson's own defense laid out during the hearing, saying the judge "applies the facts and the law when making decisions on the bench, not academic theory."

-ABC News' Armando Tonatiuh Torres-García

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.

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