Judge Jackson’s service as a federal public defender, and her work for some detainees held at the U.S. prison at Guantánamo Bay, Cuba, was always going to be an issue in her confirmation. But Mr. Hawley’s accusation added a new element to the debate, focusing more on her time as a federal district court judge and a member of the sentencing commission. Other Republican members have said they intend to pursue the issue with Judge Jackson.
The days of broad bipartisan support for Supreme Court nominees are long gone, but Democrats have held out hope that Judge Jackson could get at least a handful of Republican votes given her experience and the possibility that some would want to be counted in support of placing a Black woman on the court.
But just three Republicans backed her last year when she was confirmed to the U.S. Court of Appeals for the District of Columbia Circuit, and persuading senators to support a candidate for a higher court after opposing her for a lower one is a difficult task.
Still, Judge Jackson, with her White House entourage in tow, has engaged in a charm offensive in the Senate, meeting with 44 senators of both parties and all 22 members of the evenly divided Judiciary Committee.
Democrats have been effusive in their praise and support of Judge Jackson, calling her an ideal candidate for the court with the capacity to work with other justices to try to develop more consensus rulings.
Republicans who have met with her report privately that she is very engaging, presents a memorable life story of achievement and speaks admiringly of Justice Antonin Scalia’s view that judges should interpret, not make the law. But they say they have also been frustrated by her unwillingness to lay out a specific judicial philosophy and her refusal to take a stance on whether the Supreme Court should be expanded, as progressive groups have proposed.
She will be pressed on those subjects and many more during questioning by senators on Tuesday and Wednesday, after a session on Monday in which each of them will deliver statements, Judge Jackson will be introduced, and she will make opening remarks.