Judge Ketanji Brown Jackson is on track for a narrow confirmation, but her hearings illustrated an ongoing disintegration of the process. Senators fear it will only get worse.
en masse, even though Sen. Richard Burr, R-N.C., called her “undoubtedly highly qualified, knowledgeable and experienced.”
“The Merrick Garland debacle was the point of no return. Once McConnell stole that seat from Obama, I didn’t think there was any way to depoliticize this process,” said Sen. Chris Murphy, D-Conn."Something fundamentally broke in this place when Sen. McConnell chose not to give even a hearing to Merrick Garland."
Republicans are carrying a different set of scars and trauma, which were on display during the Jackson hearings. They remain bitter about Robert Bork, the 1987 Ronald Reagan nominee who was excoriated as extreme and unfit before he was voted down 42 to 58 by a bipartisan majority. Sen. Ted Cruz, R-Texas, was unmoved by Democrats’ concerns that a divided government may never produce another confirmation.
The use of the filibuster on judicial nominees escalated until 2013, when Democrats eliminated the 60-vote rule for confirming lower court judges. In 2017, Republicans nuked it for Supreme Court nominations in order to confirm Justice Neil Gorsuch.
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