The Morning Dispatch: Ketanji Brown Jackson Steps Into the Senate Spotlight

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Okay, if we’re being honest, it’s a slightly less happy Tuesday. No, Dispatch Live tonight. We’ve had some technical issues related to our use of Vimeo as our streaming service. (We’re not alone in our frustration, apparently.) We’ll be back soon and will update you when we know more.

Quick Hits: Today’s Top Stories

• Citing “evolving intelligence” on an emerging threat, President Joe Biden warned about possible cyber attacks from Russia on the U.S. private sector. The U.S. government does not have “specific, credible” evidence of an impending attack, reports the New York Times, but deputy national security adviser Anne Neuberger pointed to signs Russia could be preparing attacks on critical infrastructure.

• Ukrainian President Volodymyr Zelensky rejected Russian demands for a surrender of Mariupol on Monday but maintained an openness to continued peace negotiations with the Russian invaders. Zelensky said he’d put the results of any diplomatic compromises before the Ukrainian people. 

• The confirmation hearings for Judge Ketanji Brown Jackson to serve as the next justice on the U.S. Supreme Court began on Capitol Hill Monday with statements from the Judicial Committee and Jackson. Republicans don’t have enough votes to stop her confirmation but signaled that they will question everything from her judicial philosophy, her record on sentencing, and crime statistics under the Biden administration. The hearings continue today through Thursday with questions for Jackson and testimony from outside witnesses.

• Federal Reserve Chairman Jerome Powell said Monday that the Fed is prepared to accelerate interest rate increases to combat inflation. Powell—speaking at a Washington, D.C., gathering of the National Association of Business Economics—said, “We will take the necessary steps to ensure a return to price stability. In particular, if we conclude that it is appropriate to move more aggressively by raising the federal funds rate by more than (a quarter-point) at a meeting or meetings, we will do so.”

Confirmation Hearings Begin for Judge Ketanji Brown Jackson

Barring any major bombshells, Judge Ketanji Brown Jackson, currently serving on the U.S. Court of Appeals for the D.C. Circuit, is likely headed for a promotion. If confirmed, Jackson would be the first black female justice and only the sixth woman to sit on the U.S. Supreme Court. 

While her confirmation to fill the seat of retiring Supreme Court Justice Stephen Breyer would be an historic moment and a much-needed win for the Biden administration, the event has garnered relatively little attention as the horror of Russia’s war of aggression unfolds in Ukraine and America wrestles with inflation at home. The other obvious reason for the low-key nomination process? Jackson’s confirmation wouldn’t shift the ideological balance of the court (conservatives would still hold a 6-3 advantage). 

Jackson’s confirmation hearing officially began Monday, landing during the peak bloom period for Washington, D.C.’s cherry blossom season. With the blush-pink and white foliage dappling the city outside, all 22 members of the Senate Judiciary committee convened in a stately room inside the Hart Senate building, full of cameras and bright lights, for the first day of the four-day hearing.

In announcing his pick, Biden called Jackson someone who “has a pragmatic understanding that the law must work for the American people.” At just 51 years old, Jackson could shape the nation’s laws for years to come. Prior to her seat on the D.C. Circuit, Jackson served as a federal district judge and a member of the U.S. Sentencing Commission.

For the majority of the first day, Jackson’s primary role was to listen as lawmakers cycled through their 10-minute opening statements. 

Republicans don’t have the votes to stop Jackson’s advancement, but that didn’t deter some senators—chiefly the 2024 presidential hopefuls—from leveraging the national spotlight provided by the confirmation process. Some focused their disagreements on her judicial philosophy and raised concerns about “dark money” progressive groups that had supported her. Others —GOP Sens. Ted Cruz, Josh Hawley and Tom Cotton, among them—sought to paint her as soft on crime, highlighting her time as a public defender and rulings they considered too lenient.

Cotton, who has long warned colleagues in both parties about leniency towards criminals, used the opportunity to attack the Biden administration for not being tougher on crime: “In the first year of the Biden administration, violent crime got even worse. It’s no coincidence that this violence came as localities and states push to defund the police and reduce the punishment for criminals.” He added: “The Biden administration is committed to the soft-on-crime policies.”

Democrats largely touted Jackson’s credentials and celebrated what her confirmation would mean for Supreme Court diversity. And they tried to pre-empt Republican arguments against her.

“The Senate is poised right now to break another barrier. We are on the precipice of shattering another glass ceiling,” said Sen. Cory Booker, a Democrat from New Jersey and the only black member of the committee. “Today to me is a day of joy. I cannot tell you how happy I am. Today we should rejoice.”

Even before this week’s hearings, Jackson took some steps to address Republicans’ concerns. During her acceptance of the nomination, she highlighted her brother’s time serving as a cop and detective in Baltimore, as well as his Army service, and two of her uncles’ experiences as police officers.

In the late afternoon, Jackson finally got another chance to speak for herself. Her opening statement focused initially on gratitude, thanking God and her family. Jackson’s parents, Johnny and Ellery Brown, her husband Patrick, and their daughters Talia and Leila sat in front rows behind the nominee.

“If I am confirmed, I commit to you that I will work productively to support and defend the Constitution and the grand experiment of American democracy that has endured over these past 246 years,” she told lawmakers.

Jackson avoided talking in detail about her judicial philosophy but pledged to be an impartial jurist: “I decide cases from a neutral posture. I evaluate the facts, and I interpret and apply the law to the facts of the case before me without fear or favor, consistent with my judicial oath. I know that my role as a judge is a limited one.”

Monday was Jackson’s third appearance before the Senate Judiciary Committee. She’s been confirmed three times before on a bipartisan basis, most recently for her appointment to the D.C. Circuit. 

With Vice President Kamala Harris’ ability to step in as the tie-breaking 51st vote, Democrats don’t need any GOP votes, but White House officials remain hopeful for a bipartisan confirmation. Sen. Susan Collins has already signaled she may support Jackson’s confirmation.

Many GOP committee members used at least part of their time to criticize their Democratic colleagues for the ugliness of past confirmation hearings of nominees tapped by Republican presidents. “If this process were conducted in good faith, Miguel Estrada and Janice Rogers Brown might well be on the Supreme Court today,” said Sen. Ben Sasse, Republican from Nebraska, pointing to minority judges nominated for federal judgeships by Republican presidents. “But their opponents lied and bullied rather than accepted principled minority judges.”

The specter of Justice Brett Kavanaugh’s controversial confirmation seemed to linger as a backdrop. 

“When we say, ‘this is not Kavanaugh,’ what do we mean? It means that Democratic senators are not going to have their windows busted by groups,” Sen. Lindsey Graham said. “You will not be vilified. You will not be attacked for your religious views. You will not be accused for something that you could not defend yourself against.”

Though the Senate, then controlled by Republicans, ultimately confirmed Kavanaugh in 2018, his path to the high court was marked by acrimonious fights over highly disputed accusations of sexual misconduct. He denied any wrongdoing. 

Despite their complaints about the way past hearings had devolved into bitter partisan fights, most Republicans pledged Monday to keep the current process respectful. 

The ranking Republican on the Committee, Iowa Sen. Chuck Grassley, said that “we won’t turn this into a spectacle based on alleged process fouls.” But he and others said there would be plenty of tough questions.

The rest of the week will be more dynamic. On Tuesday and Wednesday, every committee member will have a chance for a back-and-forth with Jackson: a 30-minute first round of questions and 20 minutes for a second round. 

On Thursday, a representative of the American Bar Association will be among those who appear before the committee. The ABA gave Jackson its highest rating of “well qualified” to sit on the Supreme Court. Senate Judiciary Committee Chair Dick Durbin, an Illinois Democrat, has yet to release the committee schedule, but Jackson’s nomination vote likely will come next week. 

The Senate Judiciary Committee is evenly divided between Republicans and Democrats. If no Republicans vote to advance her nomination out of committee, Democrats will have to hold a floor vote to move it along. Once her confirmation advances out of committee, Senate Majority Leader Chuck Schumer will tee up the Senate’s cloture vote and final confirmation vote, which could come in early April.

Worth Your Time

• Mstyslav Chernov and Evgeniy Maloletka of the Associated Press were the last two international journalists in the besieged city of Mariupol. They told their remarkable story to a colleague, AP correspondent Lori Hinnant. It begins this way: “The Russians were hunting us down. They had a list of names, including ours, and they were closing in. We were the only international journalists left in the Ukrainian city, and we had been documenting its siege by Russian troops for more than two weeks. We were reporting inside the hospital when gunmen began stalking the corridors. Surgeons gave us white scrubs to wear as camouflage. Suddenly at dawn, a dozen soldiers burst in: ‘Where are the journalists, for fuck’s sake?’ I looked at their armbands, blue for Ukraine, and tried to calculate the odds that they were Russians in disguise. I stepped forward to identify myself. ‘We’re here to get you out,’ they said.” We created “Worth Your Time” to highlight stories like this one.

• Will the U.S. reach another nuclear deal with Iran? What would such a deal mean? The Cipher Brief sat down with Norman Roule, the former National Intelligence Manager for Iran at the Office of the Director of National Intelligence, to discuss it all. “A nuclear deal with Iran is not guaranteed, but it is highly likely,” says Roule. “We can have a deal as soon as Iran believes it has hit the bottom of the barrel of Western concessions, and any further demands it might make will be counterproductive. I don’t think we are there yet, but when Tehran makes this determination, a conclusion to the deal will likely come quickly.” Roule adds: “The deal has become a substitute for an Iran policy at a time when our broader regional policy appears to be drifting. Concluding in the wake of the shambolic Afghan withdrawal, the handling of the deal has eroded regional confidence in U.S. leadership. This perception is accelerating the trend to multipolarity and the willingness of regional actors to develop their own policies on energy, security relationships, and other topics closely related to our national interests. Last, the approach to talks allowed Iran to play a more dominant role in the talks. It may be that this single decision set the tone for the entire negotiations.”

Something … Unbelievable

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Toeing the Company Line

• Audrey reports from a campaign event for Dave McCormick, the GOP frontrunner in the race to replace retiring Pennsylvania GOP Sen. Pat Toomey. Can McCormick withstand a primary challenge from celebrity television host Dr. Mehmet Oz? 

• Andrew Fink, a contributor based in Estonia, interviews  retired Ukrainian Capt. Andrii Ryzhenko, who headed the Ukrainian navy’s Euro-Atlantic integration and served for a time as an assistant minister of defense. They discuss how Ukraine prepared for the war, how it’s going, and what Ukraine needs in the way of assistance.

• Luxembourg-based commentator Bill Wurtz explains how Russia’s war on Ukraine may be an opportunity for the European Union to improve its relationship with Africa, specifically Africa’s agriculture and energy sectors: “No matter how the war ends, the EU’s relationship with Russia is set to be damaged for years, if not decades, to come. This is an opportunity for African players to step in, make demands, and put their foot down on fair trading practices.”

Let Us Know

Do you believe Judge Ketanji Brown Jackson is qualified to serve on the Supreme Court? If not, why not? If so, would you vote for her on that basis—even if you disagree with her judicial philosophy or worldview? How should senators evaluate her nomination?

Reporting by Andrew Egger (@EggerDC), Harvest Prude (@harvestprude), and Steve Hayes (@stephenfhayes).