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Supreme Court nominee Ketanji Brown Jackson faces intense questioning on second day of confirmation hearings

Supreme Court nominee Ketanji Brown Jackson faces intense questioning on second day of confirmation hearings w8yRq
(CNN)President Joe Biden's Supreme Court nominee, Ketanji Brown Jackson, defended her judicial record Tuesday as she faced intense questioning from Republican senators during the second day of her historic confirmation hearings. Republicans attempted to portray the nominee as weak on crime by zeroing in on some of her past defense work of Guantanamo Bay detainees and sentencing in child pornography cases, and they raised questions about her judicial philosophy. Jackson addressed and disputed those criticisms by stressing her concern for public safety and the rule of law, as a judge, a mom and an American. She argued that she approaches her work in an impartial way and personal opinions do not play a role. "Over the course of my almost decade on the bench, I have developed a methodology that I use in order to ensure that I am ruling impartially and that I am adhering to the limits on my judicial authority, " said Jackson. "I am acutely aware that as a judge, in our system, I have limited power, and I am trying in every case to stay in my lane. " READ: Ketanji Brown Jackson's opening statement at her Supreme Court confirmation hearing READ: Ketanji Brown Jackson's opening statement at her Supreme Court confirmation hearing Asked by South Carolina Republican Sen. Lindsey Graham if she would say that she is an activist judge, Jackson replied, "I would not say that. " Democrats have used the hearings to praise Jackson -- who would be the first Black woman to serve as a Supreme Court justice -- as an exceptionally qualified, trail-blazing nominee whose depth and breadth of experience, including as a federal public defender, would add a valuable and unique perspective to the bench. The hearings kicked off on Monday with opening statements from senators on the panel and the nominee. Two days of questioning -- expected to be the most contentious part of the public vetting process on Capitol Hill -- began Tuesday morning and will continue through Wednesday. Jackson disputes claims she is weak on crime: 'I care deeply about public safety' Jackson said during Tuesday's hearing, "I care deeply about public safety, " and referenced the fact that she has family members who have worked in law enforcement. "Crime, and the effects on the community, and the need for law enforcement -- those are not abstract concepts or political slogans to me, " she said. The insistence by the nominee that she cares about public safety comes as Republicans have widely attempted to portray her record as weak on crime. Arkansas Sen. Tom Cotton pressed her on whether rapists and murderers should spend more time in jail. Missouri Sen. Josh Hawley criticized her sentencing in some cases regarding child pornography. And Graham and Texas Sen. John Cornyn expressed concerns over her advocacy for Guantanamo Bay detainees while in private practice. "As a judge, I care deeply about the rule of law and I know that in order for us to have a functioning society we have to have people being held accountable for committing crimes, " she said. "We have to do so fairly, under our Constitution. " Jackson discusses advocacy for Guantanamo Bay detainees As a public defender, Jackson represented a Guantanamo Bay detainee and later advocated for some detainees at a private firm. The advocacy came in the form of amici briefs, penned while Jackson was an attorney at the firm Morrison & Foerster, supporting detainees in cases before the Supreme Court. Jackson called the September 11, 2001, terrorist attacks "a tragic attack on this country" and paid tribute to military service members. "After 9/11, there were also lawyers who recognized that our nation's values were under attack. That we couldn't let the terrorists win by changing who we were fundamentally. " "What that meant was that the people who were being accused by our government of having engaged in actions related to this, under our constitutional scheme, were entitled to representation, were entitled to be treated fairly. That's what makes our system the best in the world, " she said. Cornyn claimed that Jackson had called former President George W. Bush and former Defense Secretary Donald Rumsfeld war criminals in legal filings. Jackson argued that the detainees had been tortured and subjected to other inhumane treatment but did not explicitly use the phrase "war criminal. " "I did not intend to disparage the President or the secretary of defense, " said Jackson. Graham, the only Republican member of the Judiciary Committee who voted for Jackson for the DC Circuit Court last year, also grilled her, in an intense line of questioning that indicated he may not support her for the Supreme Court. "If you had your way, the executive branch could not do periodic reviews about the danger the detainee presents to the United States, they would have to make a decision of trying them or releasing them, is that not accurate? " he asked. "Respectfully, senator, it was not my argument, " Jackson said in response. She said she was "filing an amicus brief on behalf of clients, " citing various organizations. Graham told CNN it's "fair to say" he sees red flags with her nomination, saying her answers on defending Guantanamo Bay detainees "just doesn't make sense to me. " Graham will get a chance to ask questions again at the hearing on Wednesday. Jackson rebuts scrutiny of her approach to child porn offenses One of the most striking moments of the hearing happened when Hawley has charged that Jackson had been too lenient in sentencing child pornography cases, particularly one involving an eighteen-year-old in possession of sexual images and videos of children whom Jackson had sentenced to three months, rather than two years as the prosecution recommended and a sentencing guideline of up to ten years. "I am questioning your discretion and your judgment, " said Hawley on Tuesday. "That's exactly what I'm doing. I'm not questioning you as a person. " Jackson forcefully rebutted the accusations and referred to the issue as a "sickening and egregious crime. " "As a mother, and a judge who has had to deal with these cases, I was thinking that nothing could be further from the truth, " the nominee said when asked by Senate Judiciary Chairman Dick Durbin, an Illinois Democrat, to react to the accusations. An in-depth CNN review of the material in question shows that Jackson has mostly followed the common judicial sentencing practices in these kinds of cases. It has become a norm among judges to issue sentences below the guidelines in certain child pornography cases that don't involve producing the pornography itself. Hawley, who tweeted about the issue last week, returned to the highly charged subject during Tuesday's hearing and had the opportunity to question Jackson directly about it. In response, Jackson said, "I appreciate, senator, that you have looked at these from the standpoint of statistics, that you are questioning whether or not I take them seriously or I have some reason to handle them in either a different way than my peers or a different way than other cases, and I assure you that I do not. " A group of retired federal judges -- including two Republican appointees -- told the Senate Judiciary Committee on Monday night that Jackson's record on child pornography sentencing is "entirely consistent" with the records of other judges across the country. The White House and Senate Democrats have also refuted the criticisms in defense of Jackson. "In the vast majority of cases involving child sex crimes, the sentences Judge Jackson imposed were consistent with or above what the government or US probation recommended, " White House press secretary Jen Psaki said last week. Court packing and other key issues Republican senators have also criticized support for the nomination from left wing groups and attempted to pin Jackson down on the hot-button issue of expanding the number of Supreme Court justices who sit on the bench, also known as court packing, an idea that has gained currency among progressive elements of the Democratic Party. On Tuesday, Jackson argued that it was not in her purview to weigh in on a politically sensitive topic. "In my view, judges should not be speaking to political issues, and certainly not a nominee for a position on the Supreme Court, " she said in response to a question on the issue. Later on in the hearing, Democratic Sen. Dianne Feinstein of California asked Jackson if she believes Roe v. Wade, the landmark 1973 Supreme Court decision that legalized abortion nationwide, is settled as precedent. "Roe and Casey are settled law of the Supreme Court concerning the right to terminate a woman's pregnancy, " Jackson said. Planned Parenthood v. Casey was decided in 1992 to affirm the central holding of Roe v. Wade giving women the right to end pregnancies before viability. What's next after confirmation hearings conclude Democrats can confirm Jackson to the high court on the strength of their narrow Senate majority, with 50 votes and Vice President Kamala Harris breaking a tie. The party does not need any Republican support for successful confirmation, but if any Republicans do vote to confirm, it would give the White House a chance to tout a bipartisan confirmation. It's not yet clear, however, whether Jackson will receive any votes from Republicans. When the Senate voted to confirm her last year to fill a vacancy on a powerful DC-based appellate court, three Republican senators voted with Democrats in favor: Graham, Susan Collins of Maine and Lisa Murkowski of Alaska. This story and headline have been updated with additional developments Tuesday.
(CNN)President Joe Biden's Supreme
Court
nominee
,
Ketanji
Brown Jackson, defended her judicial
record
Tuesday as she faced intense
questioning
from
Republican
senators
during the second day of her historic
confirmation
hearings. Republicans attempted to portray the
nominee
as weak on
crime
by zeroing in on
some
of her past defense work of Guantanamo Bay
detainees
and
sentencing
in
child
pornography
cases, and they raised
questions
about her judicial philosophy. Jackson addressed and disputed those criticisms by stressing her concern for
public
safety and the
rule
of
law
, as a
judge
, a mom and an American. She argued that she approaches her work
in an impartial way
and personal opinions do not play a role.
"
Over the course of my almost decade on the bench, I have developed a methodology that I
use
in order to ensure that I am ruling
impartially
and that I am adhering to the limits on my judicial authority,
"
said Jackson.
"
I am
acutely
aware that as a
judge
, in our system, I have limited power, and I am trying in every case to stay in my lane.
"
READ:
Ketanji
Brown Jackson's opening statement at her Supreme
Court
confirmation
hearing READ:
Ketanji
Brown Jackson's opening statement at her Supreme
Court
confirmation
hearing Asked by South Carolina
Republican
Sen. Lindsey Graham if she would say that she is an activist
judge
, Jackson replied,
"
I would not say that.
"
Democrats have
used
the hearings to praise Jackson --
who
would be the
first
Black woman to serve as a Supreme
Court
justice -- as an
exceptionally
qualified, trail-blazing
nominee
whose depth and breadth of experience, including as a federal
public
defender, would
add
a valuable and unique perspective to the bench. The hearings kicked off on Monday with opening statements from
senators
on the panel and the
nominee
. Two days of
questioning
--
expected
to be the most contentious part of the
public
vetting process on Capitol Hill -- began Tuesday morning and will continue through Wednesday. Jackson disputes claims she is weak on
crime
: 'I
care
deeply
about
public
safety' Jackson said during Tuesday's hearing,
"
I
care
deeply
about
public
safety,
"
and referenced the fact that she has family members
who
have worked in
law
enforcement.
"
Crime, and the effects on the community, and the need for
law
enforcement -- those are not abstract concepts or political slogans to me,
"
she said. The insistence by the
nominee
that she
cares
about
public
safety
comes
as
Republicans
have
widely
attempted to portray her
record
as weak on
crime
. Arkansas Sen. Tom Cotton pressed her on whether rapists and murderers should spend more time in jail. Missouri Sen. Josh Hawley criticized her
sentencing
in
some
cases regarding
child
pornography
. And Graham and Texas Sen. John
Cornyn
expressed concerns over her advocacy for Guantanamo Bay
detainees
while in private practice.
"
As a
judge
, I
care
deeply
about the
rule
of
law
and I know that in order for us to have a functioning society we
have to
have
people
being held
accountable for committing
crimes
,
"
she said.
"
We
have to
do
so
fairly
, under our Constitution.
"
Jackson discusses advocacy for Guantanamo Bay detainees As a
public
defender, Jackson represented a Guantanamo Bay
detainee
and later advocated for
some
detainees
at a private firm. The advocacy came in the form of
amici
briefs, penned while Jackson was an attorney at the firm Morrison &
Foerster
, supporting
detainees
in cases
before
the Supreme Court. Jackson called the September 11, 2001, terrorist attacks
"
a tragic attack on this country
"
and paid tribute to military service members.
"
After 9/11, there were
also
lawyers
who
recognized that our nation's values were under attack. That we couldn't
let
the terrorists win by changing
who
we were
fundamentally
.
"
"
What that meant was that the
people
who
were
being accused
by our
government
of having engaged in actions related to this, under our constitutional scheme,
were entitled
to representation,
were entitled
to
be treated
fairly
. That's what
makes
our system the best in the world,
"
she said.
Cornyn
claimed that Jackson had called former President George W. Bush and former Defense Secretary Donald Rumsfeld war criminals in legal filings. Jackson argued that the
detainees
had
been tortured
and subjected to
other
inhumane treatment
but
did not
explicitly
use
the phrase
"
war criminal.
"
"
I did not intend to disparage the President or the secretary of defense,
"
said Jackson. Graham, the
only
Republican
member of the Judiciary Committee
who
voted for Jackson for the DC Circuit
Court
last year,
also
grilled her, in an intense line of
questioning
that indicated he may not support her for the Supreme Court.
"
If you had your way, the executive branch could not do periodic reviews about the
danger
the
detainee
presents to the United States, they would
have to
make
a decision of trying them or releasing them, is that not accurate?
"
he
asked.
"
Respectfully
,
senator
, it was not my argument,
"
Jackson said in response. She said she was
"
filing an
amicus
brief on behalf of clients,
"
citing various organizations. Graham
told
CNN it's
"
fair
to say
"
he
sees
red flags with her nomination, saying her answers on defending Guantanamo Bay
detainees
"
just
doesn't
make
sense to me.
"
Graham will
get
a chance to ask
questions
again at the hearing on Wednesday. Jackson rebuts scrutiny of her approach to
child
porn offenses One of the most striking moments of the hearing happened when Hawley has charged that Jackson had been too lenient in
sentencing
child
pornography
cases,
particularly
one involving an eighteen-year-
old
in possession of sexual images and videos of children whom Jackson had sentenced to three months,
rather
than two years as the prosecution recommended and a
sentencing
guideline of up to ten years.
"
I am
questioning
your discretion and your judgment,
"
said Hawley on Tuesday.
"
That's exactly what I'm doing. I'm not
questioning
you as a person.
"
Jackson
forcefully
rebutted the accusations and referred to the
issue
as a
"
sickening and egregious
crime
.
"
"
As a mother, and a
judge
who
has had to deal with these cases, I was thinking that nothing could be
further
from the truth,
"
the
nominee
said when asked by Senate Judiciary Chairman Dick
Durbin
, an Illinois
Democrat
, to react to the accusations. An in-depth CNN review of the material in
question
shows
that Jackson has
mostly
followed the common judicial
sentencing
practices in these kinds of cases. It has become a norm among
judges
to
issue
sentences below the guidelines in certain
child
pornography
cases that don't involve producing the
pornography
itself. Hawley,
who
tweeted about the
issue
last week, returned to the
highly
charged subject during Tuesday's hearing and had the opportunity to
question
Jackson
directly
about it. In response, Jackson said,
"
I appreciate,
senator
, that you have looked at these from the standpoint of statistics, that you are
questioning
whether or not
I take them
seriously
or I have
some
reason to handle them in either a
different
way than my peers or a
different
way than
other
cases, and I assure you that I do not.
"
A group of retired federal
judges
-- including two
Republican
appointees --
told
the Senate Judiciary Committee on Monday night that Jackson's
record
on
child
pornography
sentencing
is
"
entirely
consistent
"
with the
records
of
other
judges
across the country. The White
House
and Senate
Democrats
have
also
refuted the criticisms in defense of Jackson.
"
In the vast majority of cases involving
child
sex
crimes
, the sentences
Judge
Jackson imposed were consistent with or above what the
government
or US probation recommended,
"
White
House
press secretary Jen
Psaki
said last week. Court packing and
other
key issues Republican
senators
have
also
criticized support for the nomination from
left
wing groups and attempted to pin Jackson down on the hot-button
issue
of expanding the number of Supreme
Court
justices
who
sit on the bench,
also
known as
court
packing, an
idea
that has gained currency among progressive elements of the Democratic Party. On Tuesday, Jackson argued that it was not in her purview to weigh in on a
politically
sensitive topic.
"
In my view,
judges
should not be speaking to political
issues
, and
certainly
not a
nominee
for a position on the Supreme
Court
,
"
she said in response to a
question
on the issue. Later on in the hearing, Democratic Sen. Dianne Feinstein of California asked Jackson if she believes Roe v. Wade, the landmark 1973 Supreme
Court
decision that legalized abortion nationwide,
is settled
as precedent.
"
Roe and Casey
are settled
law
of the Supreme
Court
concerning the right to terminate a woman's pregnancy,
"
Jackson said. Planned Parenthood v. Casey
was decided
in 1992 to affirm the central holding of Roe v. Wade giving women the right to
end
pregnancies
before
viability. What's
next
after
confirmation
hearings conclude Democrats can confirm Jackson to the high
court
on the strength of their narrow Senate majority, with 50 votes and Vice President Kamala Harris breaking a tie. The party does not need any
Republican
support for successful
confirmation
,
but
if any
Republicans
do vote to confirm, it would give the White
House
a chance to tout a bipartisan confirmation. It's not
yet
clear
,
however
, whether Jackson will receive any votes from Republicans. When the Senate voted to confirm her last year to fill a vacancy on a powerful DC-based appellate
court
, three
Republican
senators
voted with
Democrats
in favor: Graham, Susan Collins of Maine and Lisa Murkowski of Alaska. This story and headline have
been updated
with additional developments Tuesday.
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IELTS essay Supreme Court nominee Ketanji Brown Jackson faces intense questioning on second day of confirmation hearings

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