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Judge Ketanji Brown Jackson confirmation hearings: What happened Tuesday

Judge Ketanji Brown Jackson testifies on her nomination to become an associate justice of the U.S. Supreme Court during the Senate Judiciary Committee's confirmation hearing on Tuesday, March 22, 2022.
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Judge Ketanji Brown Jackson testifies on her nomination to become an associate justice of the U.S. Supreme Court during the Senate Judiciary Committee's confirmation hearing on Tuesday, March 22, 2022.

Day 2 of the confirmation hearing of , the federal judge President Biden nominated to fill the seat of , has concluded.

The nature of Tuesday's hearing was vastly different than what Jackson , when 22 senators gave their opening statements before she .

Here are some highlights from Tuesday's hearing:

Missouri Sen. Josh Hawley in cases related to child pornography, painting her as sympathetic to offenders. His line of questioning tied into that have been debunked by experts. The White House called his rhetoric a "embarrassing QAnon-signaling smear." Jackson pushed back at his claims, noting that judges have to determine how to sentence defendants consistent with the requirements that Congress has set forward. "Sentencing is a discretionary act of a judge, but it's not a numbers game," she said.

Judge Ketanji Brown Jackson defends her record during questioning from Sen. Josh Hawley.
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Judge Ketanji Brown Jackson defends her record during questioning from Sen. Josh Hawley.

Jackson defended herself against claims she is soft on sentencing child pornography defendants. She said she takes these crimes extremely seriously as a judge and as a mother and called on Congress to change laws on sex abuse materials to stay current in the digital era. Republican Sens. Hawley and Ted Cruz, among others, have for those convicted of possessing and distributing child pornography. "Congress tells judges what we're supposed to do when we sentence and what I'd say is that Congress has to determine how it wishes for judges to handle these cases," Jackson said.

Prompted by Sen. Cory Booker, D-N.J., Jackson spoke of the role of her family, offering a reprieve from some of the more between senators. Jackson credited her grandparents as the "hardest working people I've ever known" and said she thinks of them in this historic moment. She also reflected on the , saying, "It's a lot of early mornings and late nights and what that means is there will be hearings during your daughter's recitals. There'll be emergencies on birthdays that you have to handle."

Jackson answered a question on Republicans' minds about whether the as liberal groups have called for. Jackson said her stance on court expansion matches that of Amy Coney Barrett, a nominee of former President Donald Trump. "In my view, judges should not be speaking to political issues and certainly not a nominee for a position on the Supreme Court," Jackson said.

Illinois Sen. Dick Durbin fact checked Sen. John Cornyn, R-Texas, after Cornyn asked Jackson why she called former President George W. Bush and former Defense Secretary Donald Rumsfeld "war criminals." Jackson said she didn't remember using the term. Over a lunch break, Durbin and later told the hearing Jackson never made those remarks.

Sen. Ted Cruz holds up a book on antiracism as he questions U.S. Supreme Court nominee Judge Ketanji Brown Jackson.
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Sen. Ted Cruz holds up a book on antiracism as he questions U.S. Supreme Court nominee Judge Ketanji Brown Jackson.

Cruz attempted to link Jackson with, despite her repeated statements that the academic approach (used predominantly in law schools) "doesn't come up in my work as a judge." Cruz alleged Georgetown Day School, where Jackson serves on the board of trustees, is "overflowing" with the theory and . Jackson told the Texas Republican that the board doesn't control curricula.

She also defended her record as a , noting that public defenders "don't get to pick their clients." Jackson added "We're entitled to be treated fairly. That's what makes our system the best in the world. That's what makes us exemplary."

Overall, Jackson is following the playbook of past nominees in being circumspect in her statements about her judicial philosophy. If the name of the game is getting confirmed,. And the nature of the partisan state of affairs means that the senators asking questions aren't always focused on the nominee either. Senators on both sides of the aisle used part of their questioning time to bemoan the role of in the nominating process.

Copyright 2022 NPR. To see more, visit https://www.npr.org.

Barbara Sprunt
Barbara Sprunt is a producer on NPR's Washington desk, where she reports and produces breaking news and feature political content. She formerly produced the NPR Politics Podcast and got her start in radio at as an intern on NPR's Weekend All Things Considered and Tell Me More with Michel Martin. She is an alumnus of the Paul Miller Reporting Fellowship at the National Press Foundation. She is a graduate of American University in Washington, D.C., and a Pennsylvania native.