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Judge Ketanji Brown Jackson cleared a procedural hurdle late Monday on her way to all-but-certain confirmation as the first Black woman to serve on the Supreme Court.
Three Republicans joined all 50 senators who caucus with the Democrats in voting to move her nomination forward.
The 53-47 tally gives a strong indication for Judge Jackson’s confirmation vote later this week.
Republican Sens. Susan Collins of Maine, Mitt Romney of Utah and Lisa Murkowski of Alaska will vote to confirm, ensuring Jackson will have at least some bipartisan support in an era of deep polarization on Capitol Hill.
Romney said shortly before he voted that while he didn’t expect to agree with Judge Jackson’s every decision, he found her to be “a well-qualified jurist and a person of honor.”
Earlier, the Senate Judiciary Committee deadlocked over Judge Jackson’s nomination. All 11 of the panel’s Democratic members supported her and all 11 Republicans opposed her.
But even with the tie, the nomination of Jackson was expected to proceed to the full Senate for a vote, because, following a deadlock for a committee, Senate Majority Leader Chuck Schumer, a New York Democrat, can file what’s known as a discharge petition to get her nomination on the calendar.
As the committee’s meeting kicked off on Monday morning, Chairman Dick Durbin, an Illinois Democrat, noted the groundbreaking development.
“It’s the first time that the committee has had the opportunity to advance the nomination of a black woman to sit on the Supreme Court. This is an historic moment for the committee and for America,” Durbin said.
The chairman also criticized Republican members who went after Jackson during her confirmation hearing, including for their assertions that she has given lenient sentences in child-pornography cases.
“If there is one positive to take away from these attacks on her, it is that the nation saw the temperament of a good, strong person ready to serve on the highest court of the land,” he said.
Sen. Chuck Grassley of Iowa, the committee’s top Republican, offered some praise for Jackson, but said he wouldn’t be voting for her.
“Having carefully studied her record, unfortunately, I think she and I have fundamental, different views on the role of judges and the role that they should play in our system of government. Because of those disagreements, I can’t support her nomination,” Grassley said.
Sen Cory Booker, a New Jersey Democrat, invoked the “Seinfeld” holiday Festivus in criticizing Republicans’ questioning of Jackson.
“There’s been a lot of airing of grievances,” Booker said.
All 50 Senate Democrats are expected to back President Joe Biden’s pick in a floor vote later this week. And once Republican Sen. Susan Collins of Maine last week became the first GOP senator to say she plans to back Jackson, it was already likely Democrats would not need Vice President Kamala Harris to break a tie in the 50-50 chamber.
