WATCH: Sen. Chris Coons questions Jackson on lessons from the U.S. Sentencing Commission

Sen. Chris Coons, D-Del., questioned Judge Ketanji Brown Jackson on March 23 as the Judiciary Committee continued its confirmation hearings for the Supreme Court nominee.

Coons reviewed Jackson’s role on the United States Sentencing Commission, focusing on her vote concerning the Fair Sentencing Act. Jackson voted against a proposal to retroactively apply the law specifically to people who had been previously convicted of certain drug crimes and substantially cooperated with law enforcement, who could then petition for shorter sentences. Referencing her past remarks, Coons said that Jackson had reasoned that that application would be “manifestly inconsistent with the law,” and create disparities between those who cooperated and those who are sentenced today.

“It was my opinion that the law did not apply for the further reduction that was being considered,” Jackson said. She was outvoted by other members of the commission 4 to 3.

Coons said that decision was an example of Jackson “looking hard at the law, making a tough decision, ultimately being vindicated in that decision, but taking a position that is not the caricature that has been proffered by some of you,” referring to fellow members of the committee who have suggested she is too lenient on criminals. He went on to list a series of conservative legal experts and organizations plus other individuals and groups who have publicly supported her record as a judge.

Coons also asked how Jackson’s experience serving on the U.S. Sentencing Commission shaped her approach as a District Court judge, and how those experiences and others may contribute to her decisions as a Supreme Court justice. Jackson said that sentencing is often characterized as the hardest thing that judges must do.

“It’s one thing to read about the law, [to] look at data and numbers and make policy based on that. It’s quite another to have someone in the courtroom, whether as a victim of crime or a defendant who’s perpetrated a crime, and have to decide how to proceed and pronounce sentence on that individual,” Jackson said. She added that her work on the Commission helped her understand unwarranted sentencing disparities, policy reasons behind guidelines and to “make the kinds of evaluations that the law now requires since the guidelines are no longer mandatory.”

Wednesday was the senators’ final day to question Jackson, who was nominated by President Joe Biden in February to replace retiring Supreme Court Justice Stephen Breyer. If confirmed, she will be the first Black woman on the high court. On the final day of the hearings March 24, the Senate Judiciary Committee will hear from friends and colleagues of Jackson about her temperament and approach to the law.

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