An 11-11 tie is expected as no GOP members appear poised to vote for her. Senate Democrats will need to vote to advance the deadlocked nomination to the Senate floor.
If confirmed, Jackson will fill Justice Stephen Breyer’s upcoming vacancy and become the first Black woman to serve on the nation’s highest court.
So far, only one Republican, Maine Sen. Susan Collins, has said she would support Jackson, likely setting up the type of tight vote tally for her confirmation that has become more routine as nomination battles have grown increasingly contentious.
In the past, nominees have sailed to confirmation without a single Nay vote, as Justices Anthony Kennedy and Antonin Scalia did. Or in the case of Justice Ruth Bader Ginsburg, just three Nays.
Justice Stephen Breyer — whose seat Jackson is nominated to fill — was confirmed 87-9 in 1994 during the Clinton administration.
And in 2005, Chief Justice John Roberts, who was nominated by President George W. Bush, was confirmed with a vote of 78-22 under a Republican-controlled Senate.