The Senate Judiciary Committee deadlocked 11-11 Monday on approving U.S. Supreme Court nominee Judge Ketanji Brown Jackson.
The straight party-line vote means Jackson will not get a favorable recommendation from the committee; however, Senate Majority Leader Chuck Schumer will be able to call a floor vote to “discharge” the nominee from the committee, Fox News reported.
This would set up a likely final confirmation vote on the nomination some time Thursday or Friday, according to the news outlet.
If confirmed, Jackson would be the first African-American woman to serve on the Supreme Court.
The full Senate is split evenly 50-50 between the Republicans and Democrats.
Sens. Susan Collins of Maine, Mitt Romney of Utah and Lisa Murkowski of Alaska are the only Republicans who have announced they will vote to confirm Jackson to the high court, thus far.
Murkowski is up for re-election in the fall, and the judge’s unwillingness to say whether men and women have physical differences and the light sentences Jackson handed out for those convicted of possessing child pornography will be difficult to justify to the Alaska electorate.
No Democrats have said they will vote against her.
Monday’s committee vote marked the first tie vote for a nominee since 1991 when now-Justice Clarence Thomas was being considered.
BREAKING: The Senate Judiciary Committee deadlocked on Ketanji Brown Jackson’s Supreme Court nomination, the panel’s first tie on a high court pick since 1991. Senators voted 11-11 with the vote breaking down along party lines. https://t.co/pzDvUqRqKU pic.twitter.com/3k2GQ9P0iB
— The Hill (@thehill) April 4, 2022
GOP Sen. Lindsey Graham’s vote against Jackson was the first time he has ever not supported a Supreme Court nominee since entering the Senate in 2003, The Hill reported.
Graham stated Monday if the Republicans held the majority, someone as liberal as Jackson would not have been under consideration.
“[I]f we were in charge, she would not have been before this committee. You would have had somebody more moderate than this,” he said.
Sen. Lindsey Graham (R-SC): “If we were in charge, [Judge Jackson] would not have been before this committee.” pic.twitter.com/3C4gvvJaOT
— The Recount (@therecount) April 4, 2022
Graham had voted to confirm Jackson to the U.S. Circuit Court of Appeals for the District of Columbia last summer, but he explained at that level she would be following precedent. However, at the Supreme Court she would be helping make it.
Sen. Lindsey Graham (R-SC) attempts to explain voting ‘no’ on Judge Jackson's Supreme Court nomination despite voting to confirm her in the past:
“If you win an election, I expect you to pick somebody I wouldn’t support on the court.” pic.twitter.com/kh2C9bZT0N
— The Recount (@therecount) April 4, 2022
Democratic Sen. Mark Kelly of Arizona, who is also up for re-election, said Monday he will vote to confirm Jackson.
“After speaking with Judge Jackson and reviewing her record and approach to deciding cases,” Kelly said, “I believe her to be very well qualified and having demonstrated a commitment to fairly interpret and uphold the Constitution on our nation’s highest court.”