Mr. President, I am honored to follow my colleague from Wisconsin, and I rise as well regarding the nomination of Judge Ketanji Brown Jackson to serve as an Associate Justice on the Supreme Court of the United States. As some of you will…
Mr. President, I am honored to follow my colleague from Wisconsin, and I rise as well regarding the nomination of Judge Ketanji Brown Jackson to serve as an Associate Justice on the Supreme Court of the United States.
As some of you will recall, one of our colleagues from New Jersey, Senator Booker, delivered unusually poignant and unscripted remarks recently in the Senate Judiciary Committee about Judge Jackson's nomination and credentials and character. He moved many of those who were present to tears and spelled out as only he can what this nomination means for our Nation and particularly for the millions of Black Americans who look at Judge Jackson and see their own mothers, their own daughters, their own sisters, and their own friends.
Unfazed by the unfair attacks that day on Judge Jackson, our colleague said these words:
Nobody is going to steal my joy.
I second that emotion. This historic moment and this historic nominee bring me great joy as well.
For the next several minutes, I am going to talk about Judge Jackson's impeccable qualifications. I am going to discuss her sterling record as a public servant, including nearly a decade as a Federal judge, that makes her supremely qualified to serve on our Supreme Court.
I also want to talk for a bit about the historic nature of this nomination and attempt to put in context just what it means for our Nation and for me personally to cast a vote to confirm the first Black woman to serve on the Supreme Court, because today, indeed, it brings a lot of us real joy in this body to know that we have the opportunity and the privilege to play a small part in Judge Jackson's confirmation.
Similar to President Reagan delivering on his promise years ago to nominate the first woman--Justice Sandra Day O'Connor--to the Supreme Court, President Biden has delivered on his own promise. He has nominated the first Black woman to the highest Court in our land, and our Nation can be proud of the nominee we are here to debate and to confirm.
Let me begin, however, by taking just a moment to thank Justice Stephen Breyer for his exemplary service to our country.
As many of our colleagues know, Justice Breyer was nominated to the Supreme Court by President Clinton in 1994, when I was serving as Governor of Delaware. Our Presiding Officer was an astronaut up in the ether above our planet. Justice Breyer was confirmed, some will recall, by an overwhelming bipartisan vote--87 to 9.
Justice Breyer served our country with distinction for over six decades, including as a corporal in the Army Reserve, a Federal circuit court judge, and for nearly three decades on the Bench of the highest Court in our land.
Justice Breyer is known as a consensus builder on the Bench--a trait I have long admired in judges dating back to my time as Governor of Delaware, when I had the opportunity to nominate literally dozens of highly qualified individuals to serve on Delaware's highly respected courts. Over the past three decades, Justice Breyer has helped forge principled compromises to protect the constitutional rights of all Americans and to uphold the rule of law.
During a small ceremony at the White House in January when Justice Breyer first announced that he would be retiring, he brought with him a pocket copy of the U.S. Constitution. In his brief remarks, Justice Breyer reminded us of how Lincoln and Washington and so many other giants of American history have described that document, our Constitution. They described it as an experiment.
As Justice Breyer reminded us, during the time of Washington and Lincoln, there were plenty of folks who doubted our system of government could ever work, plenty of folks who said: Well, that is a great idea in principle, but it will never work, at least not for long. But, as Justice Breyer said that day--he said: It is our job to show them that it does work and it will continue to work.
Our Constitution has made possible the greatest experiment in democracy in the history of the world. Over the past several years, I have spoken any number of times on the Senate floor about the wisdom of the Framers of our Constitution. In the hot summer of 1787, they met in Philadelphia, as you will recall, and designed an intricate system of checks and balances. Article I dealt with the Congress; article II dealt with the executive branch of our government; and article III, the judiciary.
America is the longest running experiment in democracy, and our Constitution is more replicated across the globe than any other Constitution in the world. But our Constitution has never been perfect. The Framers never pretended that it was perfect.
This past weekend, I was privileged to give the keynote address during a commissioning ceremony at the Port of Wilmington for a new Virginia-class, fast-attack, nuclear submarine that bears the name of Delaware--the first Navy vessel named after the State of Delaware in over 100 years. At the end of my remarks, there was a crowd of about several thousand people gathered on the Delaware River, right beside the submarine and its crew. Among the folks in that crowd were the President of our country and the First Lady of the United States, Dr. Jill Biden, who was the sponsor of the boat.
I asked everyone there to stand and hold hands and join me in reciting the preamble to the Constitution, which begins something like this:
We the People of the United States, in Order to form a more
perfect Union--
It doesn't say ``a perfect Union''; rather, it says ``a more perfect Union.'' Why is that? Because our Framers understood that this would be an experiment and that it would be up to each generation that follows to decide how this experiment will proceed and if it will succeed, up to each generation to face those who say that this great experiment in democracy will never work.
It is through our actions on days like this that we show them that it does
still work. Judge Jackson's nomination is proof that, indeed, we have made this Nation more perfect over time and that despite our divisions--and we have them--generations of Americans have worked together, often across party lines, across State lines, across philosophical lines, to make a nomination like this possible.
Like many Americans, I have seen remarkable progress in my own lifetime. While my sister and I were born in a coal-mining town in Beckley, WV, we were raised in Danville, VA, right on the North Carolina border, just north of Greensboro.
Danville, VA, was known as the Last Capital of the Confederacy. Forced to flee Richmond after Union victories started piling up in early 1865, Confederate President Jefferson Davis actually held his Cabinet's last meeting--their last meeting--in Danville, where I grew up. He did that a few days before Lee surrendered to Grant at Appomattox.
Although it was nearly a century after the Civil War ended when my family moved to Delaware--nearly a century--racial prejudice and discrimination still prevailed there.
Growing up, my sister and I witnessed racism up close and personal. Every morning, for example, our schoolbus would take us to an all-White high school 10 miles away from our home, and about half an hour later, another schoolbus would come by and pick up Black students who had been waiting along with us and take them to their school, past my school and another 10 miles to their school, which was not a better school. It was a school that none of us would be especially proud of.
If my sister and I went to lunch with our family, we would sit at the lunch counter, but Black families were denied service.
If we went to the movie theater in Danville, VA, we sat on the ground floor; the Black patrons had to sit up in the balcony.
That is the America many of us lived in not all that long ago--the same America that Judge Jackson's parents, Johnny and Ellery Brown, were born into. It was an America where discrimination on the basis of race was sanctioned by State governments; an America where the judicial doctrine of ``separate but equal'' was still enshrined into our laws by the Supreme Court; where arbitrary literacy tests kept Black Americans away from poll booths; an America that treated back Americans like second-class citizens despite a civil war, an Emancipation Proclamation, and ratification of the 13th, 14th, and 15th Amendments to our Constitution. It was an America that was far from perfect.
But through decades of struggle, and thanks to the heroes of the civil rights movement, our Nation began to confront injustice in our communities and inequality in our laws. And thanks to brilliant Black lawyers like Thurgood Marshall and Wilmington, Delaware's Louis Redding, a number of legal challenges to America's separate but unequal classrooms went all the way to the Supreme Court.
And perhaps the greatest decision in the Supreme Court's history, Brown v. Board of Education declared to the Nation that the principle of separate but equal could never truly be equal. Brown v. Board of Education did not make our Nation perfect. But it was proof that when the Supreme Court is at its best, America and our Constitution are at their best.
The Supreme Court changed the America that my sister and I lived in-- that Judge Jackson's parents lived in--for the better. Combined with the landmark civil rights bills of the 1960s, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965, it made the America that Judge Jackson was born into more perfect than it was for the generations that came before her.
And I hope and pray that each generation will continue to recognize the uniquely American opportunity that our Constitution affords us--the ability to change our communities and our laws for the better--and take on the task themselves.
As Judge Jackson stated in her confirmation hearing, her parents taught her that--and I want to quote her. This is a quote from her:
Unlike the many barriers that they had to face growing up,
my path was clearer, such that if I worked hard and believed
in myself, in America I could do anything or be anything I
wanted to be.
And, my goodness, did she work hard. The daughter of two graduates of HBCU colleges, Judge Jackson was a star on her high school debate team and was elected ``mayor'' of Palmetto Junior High School and student body president of Miami Palmetto Senior High School. Judge Jackson then graduated magna cum laude from Harvard University and cum laude from Harvard Law School, where she was an editor of the Harvard Law Review. She clerked for not one, not two, but three Federal judges, including for Supreme Court Justice Stephen Breyer.
Judge Jackson could have done anything she wanted with a resume like that--anything--including pursuing any number of well-paying opportunities in the legal profession. Instead, Judge Jackson chose public service, in part because service was instilled in her by her parents, both of whom were public schoolteachers. And public service, no doubt, runs in her family.
Her younger brother felt a similar call to serve. After graduating from another fine HBCU university, Howard University right here in Washington, Judge Jackson's brother enlisted--enlisted--in the U.S. Army right after the 9/11 attacks. He was deployed to Iraq. He also ended up going to Egypt. And then following in the footsteps of two of Judge Jackson's uncles, he became a Baltimore police officer.
When I had the opportunity to meet with Judge Jackson in my office last month, we talked about a wide range of things. Among them, we talked about the diversity of her professional experience, including her time as a public defender right here in the Nation's Capital.
As most of us know, public defenders work very long hours for very little pay. They represent clients who cannot afford an expensive lawyer, and in some cases, they cannot afford any lawyer at all. But our system of government affords every person charged with a crime the presumption of innocence, the right to a fair trial, and the right to a competent defense.
It is a testament to the character of Judge Jackson that she is so committed to equal justice under the law that she was willing to commit the early stages of her career to this important work.
If confirmed, Judge Jackson would be the first Supreme Court Justice to have served as a Federal public defender in this Court's long, storied history and the first with significant criminal defense experience since Justice Marshall.
Now, in 2005, I voted to confirm Chief Justice John Roberts to the Supreme Court; not every Democrat did that. As you may recall, he was appointed by former President George W. Bush, a Republican. Some of my colleagues might remember, before Chief Justice Roberts was ever nominated to a Federal judgeship, he worked in private practice where his firm represented an individual appealing a death penalty conviction for the murder of eight people.
During his 2005 confirmation hearing to the Supreme Court, Chief Justice Roberts was asked about it and stated--and I want to quote him right now. Here is what he said:
In representing clients, in serving as a lawyer, it's not
my job to decide whether that's a good idea or a bad
idea. The job of the lawyer is to articulate the legal
argument on behalf of the client.
Chief Justice Roberts likened this work to John Adams defending British soldiers after the Boston Massacre, saying that Adams:
. . . helped show that what our [Founding Fathers] were about
was defending the rule of law, not undermining it. And that
principle that you don't identify the lawyer with the
particular views of a client or the views that the lawyer
advances on behalf of the client is critical to the fair
administration of justice.
Like Chief Justice Roberts, Judge Jackson has lived up to the values set out over 230 years ago, and in doing so, she has protected and defended our Constitution.
After her time as a public defender, Judge Jackson served as a vice chair for the U.S. Sentencing Commission. She was confirmed unanimously by the U.S. Senate.
Judge Jackson was then nominated to the U.S. District Court for the District of Columbia. She was confirmed unanimously by the U.S. Senate for that post.
And last year, President Biden nominated Judge Jackson to serve on the DC Circuit Court of Appeals, oftentimes referred to as our Nation's second highest court. Yet again, she was confirmed by the U.S. Senate with bipartisan support.
During the decade that she served as a Federal judge, Judge Jackson established a track record as a consensus builder, just like Justice Breyer. During the decade that she served as a Federal judge, Judge Jackson has been evenhanded and she has been impartial. During the decade that she has served as a Federal judge, Judge Jackson has ruled for and against the government, in favor of prosecutors and for criminal defendants, and for both civil plaintiffs and defendants.
As Judge Jackson told our colleagues on the Judiciary Committee recently, she has, she said:
a duty to decide cases based solely on the law, without fear
or favor, prejudice or passion.
Judge Jackson is always guided by our Constitution. And it is why she received the support of judges nominated by Democrat and Republicans alike, by law enforcement and the civil rights community, and by Republicans and Democrats in this body on multiple occasions.
Now, these past few weeks, I heard some of our colleagues on the other side of the aisle use this confirmation process to mention the unfairness toward past nominees. Well, every one of these nominees-- every nominee that they referred to received a hearing and a vote. The same cannot be said of Merrick Garland, former chief justice of the DC Court of Appeals who was nominated by former President Obama to serve on the Supreme Court. Judge Garland did not receive a hearing. Judge Garland did not receive a vote because our colleagues on the other side of the aisle decided to invent a new rule, and most of them even refused to meet with Merrick Garland, one of the finest servants I have ever known. And this shameful blockade led to what many Americans, myself included, view as a stolen Supreme Court seat, a permanent stain on this body's reputation and a reduction in the Supreme Court's credibility.
Then 4 years later, our colleagues on the other side of the aisle broke their own precedent and invented yet another new rule to confirm a Supreme Court Justice 8 days--8 days before election day, when tens of millions of ballots had already been cast.
And while I will never forget this truly shameful behavior, this week we have a chance to move away from politics. We have a chance to place an extremely well-qualified nominee to the Supreme Court and to do so with the support of Senators from both sides of the aisle.
In the end, the American people need to trust the Supreme Court to make decisions on questions that impact every single American: whether we have access to clean air is one of those issues, whether we have access to clean water, whether we have access to good healthcare, whether women have the right to make their own healthcare decisions. We need a Supreme Court that stays above the political fray. We need a Supreme Court that calls ``balls and strikes,'' as Chief Justice Roberts once said--a Supreme Court that maintains the trust of the American people as the arbiter of a Constitution that protects the civil rights of all Americans.
Judge Jackson will bring a breadth and a diversity of experience to the Supreme Court not often seen. Judge Jackson's resume--Harvard; Harvard Law; clerk to three Federal judges, including Justice Breyer; a public defender; U.S. Sentencing Commission vice chairman; Federal district court judge; and Federal Circuit Court judge--is evidence that she is among the most-qualified individuals in our country for this esteemed role.
Her character and her intellect are beyond reproach. She weathered a grueling confirmation process with grace and dignity.
Let me close by noting that Judge Jackson's nomination is proof that today in America one's qualifications and unrelenting work ethic earn you your spot, that public service is valued and commitment to the principles that protect our country do mean something, that the sacrifices of one generation slowly but surely make for a better America for the next generation.
So count me among the millions of Americans who are inspired by Judge Jackson's life story, a uniquely American story that provides proof that our Nation can be made more perfect over time.
And it brings this Senator from Delaware, who grew up in Danville, the last capital of the Confederacy, into a much different America. It brings me great joy to be able to cast a vote for Judge Ketanji Brown Jackson to serve as an Associate Justice on the Supreme Court of the United States.
And with that I yield the floor.