Watch for several likely lines of Republican attack. Senator Mitch McConnell, the Kentucky Republican and minority leader, has made it clear he wants Judge Jackson to state whether she would support adding seats to the court, as some progressive activists want. Republicans will also press her on her representation of terror detainees at the U.S. military base at Guantánamo Bay, Cuba and her work as a public defender in general. Senator Josh Hawley, Republican of Missouri, has raised questions about her sentencing of those accused of sex crimes involving children. Abortion rights are also certain to come up.
Senators will be probing to see how Judge Jackson responds when pressed. Does she remain composed? Do her answers address the questions? Does she have understandable responses to complex issues? How much is she willing to reveal of her judicial philosophy? Temperament is part of the judicial character and carries weight in the confirmation process. In recent decades, nominees have grown increasingly reticent about their views during their confirmation hearings, usually declining to prejudge any issues that might come before the court. But that will not stop senators from asking.
Senators will dig into Judge Jackson’s judicial record, including some rulings she handed down as a Federal District Court judge that were overturned on appeal, such as a decision restraining a Trump administration immigration policy.
Republicans are also taking aim at Judge Jackson’s service on the United States Sentencing Commission, a federal panel formed to review sentencing guidelines and recommend changes to increase transparency and reduce disparities. They say that she favored sentence reductions, but other members of the bipartisan commission say the recommendations were settled by consensus.
All eyes will be on how Judge Jackson sells herself for the job, both to the committee and to the American public. She and her Democratic supporters want her to come across as an exceptionally qualified woman who belongs on a court that has been lacking in diverse voices. Democrats point to her endorsement by law enforcement groups and conservative judicial colleagues as strong evidence that she should win bipartisan support. If Judge Jackson does a compelling job laying out her life story, she could make it more difficult for Republicans to challenge her even as most of them intend to oppose her.