The Senate began Monday the hearing of the black judge Ketanji Brown Jackson, appointed by Joe Biden to the Supreme Court of the United States, with the first passes of arms between Democrats, anxious to ensure the serenity of the debates for this nomination. “historic”, and Republicans ready to fight it out.
This 51-year-old lawyer, who could become the first black woman to sit on the high court, appeared, smiling and without apparent nervousness, before the Senate Judiciary Committee which must examine her candidacy until Thursday.
Despite their talent, “the members of the Court have never represented the Nation they serve”, declared Democratic Senator Dirk Durbin, stressing in his introductory remarks that, of his 115 judges, there has been only two black men and five women — none of them African American. “You could be the first and it’s never easy to be the first, you often have to be the best, sometimes the bravest,” he added, thanking her for “facing” these marathon auditions. , during which it could be abused.
And to add, in a thinly veiled warning to his colleagues: “I ask each member of this commission to think about how history will judge them. »
“Because of the historical dimension of the photo […], we would be racists if we asked difficult questions, ”reacted Republican Senator Lindsey Graham. “But that won’t take with us, we’re used to it,” he continued, promising a “respectful” but vigorous debate.
“We will not put on a show, but we will ask sharp questions,” he also promised.
“Lower the temperature”
The Constitution provides that Supreme Court justices be appointed for life by the president and confirmed by the upper house of Congress. Long a mere formality, this process has given rise in recent years to bitter political struggles.
Unlike the last judges appointed within the influential institution, the arrival of Ketanji Brown Jackson would not change the balance within it. If confirmed in a vote in early April, she will replace progressive magistrate Stephen Breyer, who will retire in the summer, and the Tories will keep a majority of six out of nine justices.
The balance of power in the Senate gives a slight advantage to the magistrate: each party has 50 elected officials but, in the event of a tie, it is up to the Democratic Vice-President Kamala Harris to decide between them. A handful of moderate Republican senators had also supported his nomination to the federal appeals court in Washington, a year ago, and could revote in his favor.
This context “should lower the temperature and ensure a fairly serene confirmation process,” said political scientist Larry Sabato, while judging “inevitable that some senators attack the judge to satisfy their electoral base”.
Playing the race card head-on against a woman whose qualifications are, by all accounts, impeccable, will be tricky.
Seven months before the midterm elections, the attacks should above all serve as a sounding board for Republican campaign themes, starting with the rise in crime in the face of supposed Democratic laxity.
Penalties under the magnifying glass
Beyond her skin color, Judge Jackson stands out from other federal judges for her experience of the criminal system: she was a lawyer for two years in the legal aid services of Washington, where she represented destitute defendants. . She also served on a commission to make recommendations on federal sentencing.
Ketanji Brown Jackson should therefore be questioned about her defense, as a lawyer, of Guantanamo detainees and other criminals. She will also be questioned about her judgments in horrific criminal cases.
Senator Josh Hawley, who has presidential ambitions, has already accused her, in a long series of tweets, of having retained low sentences in cases of child pornography and should return to the charge.
The hearings are taking place while the Court’s only black magistrate, Conservative Clarence Thomas, 73, is in hospital. Admitted on Friday for an infection, he was placed on an IV and antibiotics alleviated his symptoms. He is expected to be released from hospital shortly, the Supreme Court said in a brief statement.