What happened on Day 2 of Judge Ketanji Brown Jackson's confirmation hearings

Jackson rejects labels, vows ‘impartiality’

Jackson said she was “reluctant” to apply labels such as “originalism” and “living Constitution” to capture her judicial philosophy, saying that the Constitution is “fixed in its meaning” but that sometimes, judges need to also look at history, structure and circumstances alongside the original intent of a statute.

One word Jackson repeatedly returned to was “impartiality” as she discussed her method of ruling on cases as a judge.

Republicans sharpen attacks

Sen. Ted Cruz, R-Texas, pressed Jackson about The New York Times’ “1619 Project,” critical race theory,  the book "Antiracist Baby" by Ibram Kendi — and whether she believes "babies are racist."

In a tense set of questions, Cruz pushed Jackson about her sentencing record in child pornography cases, with charts comparing her punishments to officers’ recommendations. He pressed her about the meaning of civil rights leader Martin Luther King Jr.’s words.

Sen. Josh Hawley, R-Mo., focused all of his questioning on child pornography cases and sought to depict Jackson as too lenient against defendants. She appeared visibly frustrated as she sought to explain her role in sentencing.

For all the key takeaways and highlights, go here.

At 10:12 p.m. ET, the second day of Jackson's hearings concluded. Senators will return at 9 a.m. ET Wednesday to finish the first round of questions and conduct a second round.

Before gaveling out, Durbin offered a fact check of some of the statements that had been made about the judge and her record.

Sen. Marsha Blackburn, R-Tenn., asked Jackson a series of questions intended to draw attention to the national debate about transgender rights.

Jackson responded to them by deferring, pointing out that Blackburn was trying to ask policy questions and not legal questions.

"Do you think schools should teach children that they can choose their gender?" Blackburn asked, opening her line of questioning about transgender issues.

"I’m not making comments about what schools can teach," Jackson responded.

Blackburn then quoted from an opinion that Justice Ruth Bader Ginsburg wrote that discussed the differences between men and women. She then asked Jackson whether she agreed with Ginsburg.

Jackson said she hadn't read the case, adding, "It's hard for me to comment."

Blackburn then asked, "Can you provide a definition for the word 'woman?'"

"Can I provide a definition? No," Jackson said, adding, "Not in this context. I’m not a biologist.

"I address disputes. If there is a dispute about a definition, people make arguments, and I look at the law and I decide," she added.

Sen. Marsha Blackburn, R-Tenn., pressed Jackson on her views about abortion, arguing that Roe v. Wade should be overturned.

She quoted from a filing Jackson made in a case that referred to a group of anti-abortion rights activists as "noisy" and "hostile." She then asked Jackson whether, when she saw anti-abortion rights women at her church, she viewed them the way the women in the filing were described.

"Do you look at them thinking of them in that way, that they're noisy, hostile, in your face? Do you think of them? Do you think of pro-life women like me that way?" Blackburn asked.

Jackson said the line Blackburn quoted was part of a brief filed on behalf of a client, not a statement of her own opinion.

"That was a statement made in a brief I made on behalf of my client," Jackson said.

But Blackburn found the response insufficient.

"I think even zealous advocacy doesn’t allow that kind of rhetoric on a free speech issue," Blackburn said.

Sen. Alex Padilla, D-Calif., asked Jackson about her view on the Supreme Court's role in ensuring the protection of voting rights and democracy in light of recent restrictive voting laws that he said ran counter to the spirit of the movement that led to the Voting Rights Act.

"The right to vote is protected by our Constitution," Jackson said. "The Constitution makes clear that no one is to be discriminated against in terms of their exercise of voting, and the Congress has used its constitutional authority to enact many statutes that are aimed at voting protection."

Jackson said that concerns about both voting access and ensuring an absence of fraud "are embodied by various laws and provisions, and there are disputes at times over the concerns and the balances that are being made across the country relating to the exercise of voting."

In keeping with her efforts to skirt politics, she went on to describe how such disputes eventually reach the Supreme Court while appearing to emphasize the fundamental nature of the right to vote.

Sen. John Kennedy, R-La., repeatedly pressed Jackson about her thoughts on "court-packing," asking for her opinion on increasing the number of Supreme Court justices.

"I don't understand why you won't weigh in on this issue," Kennedy said at one point, after Jackson declined to share her personal opinion on the matter.

"I feel so strongly about ensuring that judges remain out of political debates," she said. "I don't think it's appropriate for me as a nominee to comment on a political matter that is in the province of Congress."

Kennedy, probing further, asked whether it would "make a difference" to Jackson if she were one of nine justices or one of 28.

"I would be thrilled to be one of however many Congress thought it appropriate to put on the court," she said.

The hearing resumed at 8:37 p.m. ET, with three more senators left on the schedule for Tuesday night.

Sen. John Cornyn, R-Texas, a member of the Judiciary Committee, made a prediction Tuesday evening about Judge Ketanji Brown Jackson.

"I think she's done pretty well," Cornyn said in the Capitol. "She's going to get confirmed."

Cornyn, who questioned her earlier in the day, said he's undecided and leaning "no" personally but that it was a matter of how many Republican votes she would get.

"She's going to be a reliable vote for the left wing of the court," he said. "She's not going to change the ideological balance on the court. So I think that makes it less controversial — or less consequential."

In response to a question from Sen. Booker, Jackson offered a little more explanation of her opening remarks when she told her daughters that she had "juggled" her career and raising them — and not always gotten the balance right.

“I hope for them, seeing me — hopefully, you all will confirm me — seeing me move to the Supreme Court that they will know you don’t have to perfect in your career trajectory, that you can still end up doing what you want to do,” Jackson said. “You don’t have to be a perfect mom, but if you do your best and you love your children that things will turn out OK.”

Sen. Cory Booker, D-N.J., defended Jackson's judicial record, arguing that Sen. Josh Hawley's line of attack against the nominee on child pornography cases "doesn't hold water."

"You are well within the norm, nationally, for going below the sentencing guidelines," Booker said.

He went on to cite data that appeared to indicate Jackson wasn't an outlier with her sentencing history in a series of cases highlighted by Hawley, R-Mo., earlier in the day.

Booker also noted that Jackson has been endorsed by victim advocacy groups and organizations.