Supreme Court nominee Jackson pledges to 'defend the constitution' as hearings begin

Ketanji Brown Jackson, President Joe Biden's nominee to become the first Black woman on the U.S. Supreme Court, pledged judicial independence and told senators on Monday that she recognized the limited role of jurists as a Senate panel on Monday opened her confirmation hearing.

"If I am confirmed, I commit to you that I will work productively to support and defend the constitution and the grand experiment of American democracy that has endured over these past 246 years," Jackson said in a brief opening statement.

"I have been a judge for nearly a decade now, and I take that responsibility and my duty to be independent very seriously. I decide cases from a neutral posture. I evaluate the facts, and I interpret and apply the law to the facts of the case before me, without fear or favour, consistent with my judicial oath," she said.

Biden last month nominated Jackson, 51, for a lifetime job on America's top judicial body to succeed retiring liberal Justice Stephen Breyer, setting up a confirmation battle in the closely divided Senate.

Earlier, Senate Democrats on the 22-member judiciary hailed the historic nature of her selection and praised her record as a federal appellate and district court judge. Republicans raised questions about her record and tried to link her to advocacy groups on the left, while signalling they would try to paint Jackson as "soft on crime."

If confirmed, she would be the 116th justice to serve on the high court.

"Not a single justice has been a Black woman. You, Judge Jackson, can be the first," Sen. Dick Durbin, the Democratic chair of the committee, said in his opening statement.

"It's not easy being the first. You have to be the best and in some ways the brightest. Your presence here today and your willingness to brave this process will give inspiration to millions of women who see themselves in you."

Her confirmation would not change the ideological balance of the top court, which has a 6-3 conservative majority, including three justices appointed by Donald Trump, who was Republican president at the time. But it would let Biden freshen the court's liberal bloc with a justice young enough to serve for decades.

Not a partisan, Bush-appointed judge says

Most Republican senators on the panel promised civility, accusing Democrats of unfairly attacking Justice Brett Kavanaugh during his 2018 confirmation hearing, though failing to mention that the hearing became contentious after he was accused of sexual misconduct in the 1980s.

But other Republicans were less cordial to Jackson, questioning sentencing decisions she had made in the past.

"I can only wonder: what's your hidden agenda?" asked Sen. Marsha Blackburn of Tennessee. "Is it to let violent criminals, cop killers and child predators back to the streets?"

Sen. Lindsey Graham of South Carolina described Jackson's candidacy as being "sponsored by the most radical elements of the Democratic Party."

But retired Judge Thomas Griffith from the U.S. Court of Appeals, appointed by George W. Bush, said in a testimonial that Jackson did not rule in a "partisan" fashion.

"Time and again she has demonstrated that impartiality on the bench," said Griffith.

As well, Jackson's nomination has been backed by prominent lawyers from across the ideological spectrum, civil rights groups and law enforcement organizations, including the National Fraternal Order of Police, which represents rank-and-file officers.

A handful of Black, female justices in U.S. history

Jackson's nomination fulfils Biden's 2020 campaign promise to name a Black woman to the court, a milestone he called long overdue. If confirmed, she would be the third Black justice, following Clarence Thomas, appointed in 1991 and still serving, and Thurgood Marshall, who retired in 1991 and died in 1993.

Jackson also would become the sixth woman to serve on the Supreme Court, which currently has three female justices — Amy Coney Barrett, Elena Kagan and Sonia Sotomayor.

Jackson was raised in Miami and attended Harvard Law School, later serving as a Supreme Court clerk for Breyer and representing criminal defendants who could not afford a lawyer.

"It is extremely humbling to be considered for Justice Breyer's seat, and I know that I could never fill his shoes," she said. "But if confirmed, I would hope to carry on his spirit."

Jackson has been married for 25 years to Dr. Patrick Johnson, a surgeon in Washington. They have two daughters, one in college and the other in high school. She is related by marriage to former Republican House Speaker Paul Ryan, who has voiced support for Jackson's nomination.

The Senate has confirmed Jackson to three federal posts, most recently last year, when three Republicans joined in a 53-44 vote in her favour after Biden nominated her to the U.S. Court of Appeals for the District of Columbia Circuit. Prior to that, she spent eight years as a federal district judge in Washington.

The confirmation hearing ends on Thursday with outside witnesses testifying. The committee would then vote on the nomination in the coming weeks, followed by a final vote on the Senate floor.

A simple majority vote would be needed for Jackson's confirmation, meaning she would get the job if all Democrats are united behind the nomination regardless of what Republicans do.

Democrats narrowly control the Senate, which has the task of deciding whether to confirm a president's judicial appointments. The Senate is divided 50-50 between the two parties, with Biden's fellow Democrats controlling it because Vice-President Kamala Harris can cast a tie-breaking vote.