- Party-line confirmation votes have become the norm in recent years in a deeply divided Congress.
- Despite "cordial" meetings with Judge Ketanji Brown Jackson, Republicans demure on how they'll vote.
- Confirmation hearings for the SCOTUS nominee are scheduled to begin on March 21.
All the "productive conversations" Senate Republicans said they've had with "impressive" and "well-qualified" Judge Ketanji Brown Jackson in recent days have yielded plenty of photo ops but no commitments to support her historic nomination to the Supreme Court.
Jackson, who currently serves on the US Court of Appeals for the DC Circuit and could become the first Black woman appointed to the Supreme Court, has met privately with over a dozen Republican lawmakers since President Joe Biden named her as his pick to replace retiring Associate Justice Stephen Breyer.
The exhaustive interview process has included lengthy visits with members of the Senate Judiciary Committee — which is scheduled to launch hearings about her latest nomination on March 21 — as well as leaders from both parties.
The sticking points Republicans have cited about Jackson include her efforts to reduce mandatory minimum guidelines during her time at the US Sentencing Commission, the arguments she made on behalf of Guantanamo Bay detainees during her time as a public defender, and whether she views the US Constitution as the final word on jurisprudence or a jumping-off point to advance ideological goals.
Sen. Chuck Grassley, the top Republican on the Judiciary Committee, recently asked for access to more of Jackson's records from the Sentencing Commission.
"How do you know what's missing until we get it all?" Grassley told reporters at the Capitol when asked what else, specifically, he'd like to examine. He added that Judiciary members already have "500 of her cases to go through" to bone up for the anticipated cross-examination in committee.
Many maintain, however, that any confirmation fight must not get personal. "I promised her that we would not have any of the Kavanaugh-like circus," Sen. John Cornyn, a Texas Republican, said he told Jackson. "It should be a dignified and civil procedure."
Supreme Court Justice Brett Kavanaugh's nomination and confirmation process in 2018 was a wildly partisan brawl packed with allegations of sexual assault, televised yelling matches, and frayed relations across the board. It culminated in a 50-48 vote in which Democratic Sen. Joe Manchin of West Virginia, who was facing a tough reelection that year in a pro-Trump state, was the only one to cross party lines.
All three of former President Donald Trump's Supreme Court nominees got confirmed on near party-line votes. 2017 nominee Neil Gorsuch garnered just three Democratic supporters — all of whom, including Manchin, were on the ballot in November 2018. Kavanaugh peeled off only Manchin. And 2020 nominee Amy Coney Barrett moved through 52-48 solely on GOP votes.
Could Jackson buck the trend?
Republican Sen. Josh Hawley of Missouri, who praised Jackson after their meeting on Wednesday but also backs Grassley's records request, declined to predict the final outcome.
"I thought the White House started well on this by saying, yeah, we'll meet with every senator who wants to meet, we'll do the meetings in person," he told Insider while on his way to a Senate vote. "I would say, 'Keep on that line, give us the documents, and move forward.' But we'll see."
Making the rounds
While the White House declined to confirm her meeting schedule to date, an Insider review of public statements and confirmation with the relevant lawmakers' offices show that Jackson has met with all but three Senate Judiciary Committee members, including nine of the 11 GOP panelists and 10 of the 11 Democrats.
Those still on her to-do list include Democratic Sen. Dianne Feinstein of California and Republican Sens. Lindsey Graham of South Carolina and Tom Cotton of Arkansas.
"I'm not talking about that," Graham, who favored fellow contender South Carolina District Judge J. Michelle Childs, responded when Insider asked him about meeting with Jackson. "Graham expects to meet with the nominee before the Judiciary Committee hearing," Graham's staff later wrote in an email.
Fellow South Carolina Republican Sen. Tim Scott was also dismissive. "No idea," Scott said when asked about meeting with Jackson before the Judiciary Committee hearings. Scott had favored Childs for the Supreme Court and earlier wrote he was disappointed she wasn't Biden's choice.
Other Republicans sounded a little more accommodating.
"We're trying to set it up, hopefully for next week," Republican Sen. Marco Rubio of Florida told Insider on March 10.
Republican Sen. Roy Blunt of Missouri, who is retiring at the end of this term, said playing a part in history is appealing.
"I think a lot of people, including me, would love to vote for the first Black woman to go on the court," Blunt told Insider at the Capitol, though he added that "judicial philosophy should be the thing that senators are looking it."
Blunt added that he hasn't nailed down a specific meeting date but "she's on my schedule and I look forward to talking to her."
Republican Sen. Mitt Romney of Utah appears willing to wait his turn. "We're going to be talking after the hearings," Romney told Insider of his scheduling plans.
Meanwhile, Jackson's already met with Senate Majority Leader Chuck Schumer, Senate Minority Leader Mitch McConnell, Republican Sen. Rick Scott of Florida, who represents her home state, and centrist dealmakers Manchin and Republican Sen. Susan Collins of Maine.
Democratic Sen. Cory Booker of New Jersey, who described Jackson as a "phenomenal pick" after their meeting, said she's playing things perfectly so far.
"She's one of these people that has just such a great spirit and I think she's going to be very additive to the group of nine," Booker told Insider between votes in DC. As for potential pushback from Republicans, Booker noted that Sens. Collins, Graham, and Lisa Murkowski of Alaska backed Jackson just nine months ago in a 53-44 vote.
"I think it's a good sign, as you know, that she got confirmed by the Senate twice before," Booker said.