The next steps for Ketanji Brown Jackson’s nomination, briefly explained

The next steps for Ketanji Brown Jackson’s nomination, briefly explained

Supreme Court nominee Judge Ketanji Brown Jackson arrives for the third day of her confirmation hearing before the Senate Judiciary Committee in Washington, DC, on March 23. | Chip Somodevilla/Getty Images

Her nomination is expected to tie in committee — and then head to the floor.

Supreme Court nominee Ketanji Brown Jackson is expected to get confirmed by the Senate as soon as this week once her nomination is advanced out of the Judiciary Committee.

The committee is set to vote on Monday and is widely expected to deadlock, with Democrats voting in favor of Jackson’s nomination and Republicans voting against it. Despite this tie, Democrats have the tools to bring her nomination to the floor and are aiming to do so before lawmakers leave for their upcoming recess on April 8.

If confirmed, Jackson would become the first Black woman to take a seat on the nation’s highest court. With moderate Democrats like Sen. Joe Manchin (D-WV) onboard, as well as the support of at least one Republican senator, Jackson is on track to have the simple majority she needs to move forward.

Here’s what comes next.

Where Jackson’s nomination goes from here

Jackson’s nomination heads next to a vote in the Senate Judiciary Committee that’s slated to take place on Monday afternoon.

The committee vote is likely to end in a tie, since the 11 Democrats in the committee are set to support Jackson, while none of the 11 Republicans are expected to. Although a tie would cause a slight delay, it won’t deter her nomination from advancing.

“A tie vote doesn’t stop us,” Sen. Dick Durbin (D-IL) has said. “It slows us down on the floor for a few hours, but it doesn’t stop us.”

The committee’s response to a potential tie could also indicate how much lawmakers want to preserve Senate norms. Historically, the Judiciary Committee has allowed Supreme Court nominees, including Robert Bork and Clarence Thomas, to go to the floor even if they don’t get the backing of the majority of the committee.

If Republicans refuse to do the same with Jackson, Democrats have the ability to vote to release her nomination. That would requiring bringing what’s known as a “discharge petition” to the floor, holding four hours of debate and having the entire Senate vote on it. With 51 votes, that petition would be able to pass.

Going that route, though, would indicate that the days of honoring past practices regarding Supreme Court nominees are likely over.

Democrats hope to hold a floor vote on Jackson shortly after the committee meeting, with the goal of getting her confirmed before the Senate leaves for its Easter recess.

Because Supreme Court nominees only need a simple majority (or 51 votes) to get confirmed, Jackson already has the support she needs to advance from both the Democratic caucus and Sen. Susan Collins (R-ME), who has announced her backing.

For now, however, Democrats are continuing to court Republican Senators in an attempt to make the vote on Jackson’s nomination an even more bipartisan one.

Democrats are hoping it will be a bipartisan vote

Democrats are hoping they can sway more Republicans to support her nomination, even though they don’t need to.

Previously, three Republicans — Sens. Susan Collins (R-ME), Lisa Murkowski (R-AK), and Lindsey Graham (R-SC) — voted to support Jackson’s nomination to the DC Circuit Court. Collins has already said she plans to do so again, while Graham announced that he would not.

“My decision is based upon her record of judicial activism, flawed sentencing methodology regarding child pornography cases and a belief Judge Jackson will not be deterred by the plain meaning of the law when it comes to a liberal cause,” Graham said in a Thursday floor speech. Murkowski has yet to announce her decision so far.

Other Republicans that Democrats are trying to win over include more moderate members like Sen. Mitt Romney (R-UT) and retiring members including Sen. Rob Portman (R-OH).

Given the limited Republican support Jackson received last year, however, it’s unlikely she’ll get more than a handful of GOP votes this time around.

Author: Li Zhou

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