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Supreme Court nominee Judge Ketanji Brown Jackson defended her record of sentencing felons convicted of possessing or distributing child pornography during her confirmation hearing Tuesday after her light sentences came under scrutiny by Republican senators.

"These are some of the most difficult cases that a judge has to deal with because we are talking about pictures of sex abuse of children," Judge Jackson told the Senate Judiciary Committee.

The nominee noted that Congress has enacted a law telling a judge what to do when handing down a sentence.

"That statute doesn't say 'look only at the guidelines and stop.' The statute doesn't say 'impose the highest possible penalty,'" she said, adding that it tells a judge to issue a sentence that is "sufficient but not greater than necessary."

Republicans have suggested in recent days that Judge Jackson is soft on crime, citing her record in child porn cases.

Sen. Josh Hawley, Missouri Republican, accused her of going easy on felons during her time as a federal judge, sending them to prison for less time than suggested by guidelines.

"In passing on this nomination to the Supreme Court, we must also pass judgment on whether or not your particular philosophy is an appropriate one at this time in our history." Those words in 1987 were a game changer in American confirmations when Democratic senators opposed the Supreme Court nomination of Judge Robert Bork by President Ronald Reagan.

While the Senate had long maintained that a qualified nominee would be confirmed despite his judicial philosophy, that changed with Bork. The man who uttered those words was the senator from Delaware: Joe Biden.

Biden has now made his first nomination as president. Democrats insisted, in the words of Rep. Jim Clyburn, Judge Ketanji Brown Jackson's confirmation must be "beyond politics."

That has not been the position of the Democrats since Bork and certainly not in the last three nominations. Indeed, many Democrats went public with the nomination of Amy Coney Barrett that they would vote against her entirely on her conservative approach to constitutional and statutory interpretation.

The question is whether these hearings will clearly establish the judicial philosophy of Jackson.

In her opening statement, Jackson discussed her past decisions and stressed "I believe in transparency. That people should know precisely what I think and the basis for my decision." GOP senators will demand the same transparency from her during the question and answer sessions.

While other nominees have been relative unknowns on their judicial philosophies, Jackson has an interesting added element. In her recent appellate court confirmation process, Jackson expressly refused to discuss her judicial philosophy.

Far left groups like Demand Justice are clearly confident about Jackson's judicial philosophy. Many of these groups opposed fellow short-lister District Judge J. Michelle Childs because she is viewed as too moderate. Indeed, Childs expressly said that she does not believe in the liberal interpretative model of the "living constitution," where the courts can substantially change the meaning of the Constitution without being formally amended.

Yet, President Biden stressed that his nominee must follow a "living constitution" approach, including a broad view of "unenumerated rights."

In her last appearance before the Senate, Judge Jackson specifically asked if she followed the "living constitution" model. She repeatedly refused to answer that questions. She told the Senate that she is "bound by the methods of constitutional interpretation that the Supreme Court has adopted, and I have a duty not to opine on the Supreme Court's chosen methodology or suggest that I would undertake to interpret the text of the Constitution in any manner other than as the Supreme Court has directed."

The answer left many of us confused. She is bound to follow the precedents of the Supreme Court — but she is allowed to have her own philosophy on constitutional interpretation. Moreover, prior nominees have discussed their approach to constitutional and statutory interpretation. One of them was Jackson herself. When she was nominated for the district court, Jackson answered "no" to that question.

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