The Confirmation Hearings of Justice Ketanji Brown Jackson
As Justice Stephen Breyer announces his retirement, he leaves the Supreme Court as the current court’s oldest member. He was encouraged to step down during the Biden administration to secure a left-leaning justice to the Supreme Court. President Biden fulfills his promise to nominate and confirm the first Black woman to the nation’s highest court. To some, it is an opportunity for celebration as it is about time the Supreme Court reflects the American population. To others, it sparks uncertainties as people fear the nomination will be given to an unfit justice. But this fear is irrational. There are plenty of highly qualified Black women that are exhausted of having to outperform their white counterparts.
The new addition to the Supreme Court, Justice Ketanji Brown Jackson, is not only the first Black woman to serve in the Supreme Court but is also the first justice in the modern court that served as a public defender. Jackson also has experience clerking at the Supreme Court, serving as a district court judge, and being a part of the US Sentencing Commission. For Justice Jackson to join the Sentencing Commission, she had to be confirmed by the Senate three times. Her appointment to the D.C. Circuit Court in 2013 was supported by both parties. Similarly, her appointment to the D.C. District Court in 2021 was unanimously decided by the Senate. It is clear that Judge Jackson is overqualified for the Supreme Court, as she has superior experience to four of the current sitting justices. So, what could possibly stand in the way of her confirmation?
Racist babies and out-of-context child pornography cases. These are only a fraction of the topics that conservative senators decided to cover throughout the confirmation hearings. It is difficult to imagine that a justice who had been appointed by the Senate unanimously twice before would face this treatment. Sen. Lindsey Graham (R-SC) justifies this by comparing it to Justice Brett Kavanaugh’s hearing, even implying that Justice Jackson had it easy. So, was this questioning warranted?
Sen. Ted Cruz (R-Texas) questioned Justice Jackson on a series of books that are a part of the curriculum at Georgetown Day School, where Jackson is a trustee. Sen. Cruz claimed these books were meant to indoctrinate the youth to uphold Critical Race Theory. It is important to note that this is not a public school, the cost of attendance is up to $46,000 a year. This means that students and their guardians have a choice to commit to this school and are likely familiar with the curriculum before they choose to enroll. Critical Race Theory has been used as common talking points among conservatives as they are concerned with the radicalization of the youth. Texas currently leads the country as the state with the most book bans, 713. The majority of the contents of these books involve stories related to LGBTQ+ people and people of color. A bit under half of these books were banned by elected officials. While book bans have always been in place, the rate at which they have been made has grown significantly. Book bans have escalated into yet another partisan issue.
Sen. Graham, along with other colleagues, accused Justice Jackson of consistently giving lower sentences in child pornography cases. Their misconception stems from their wrongful comparison of Jackson’s sentence to federal sentencing guidelines and the propositions of government prosecutors. Their comparison disregards the recommended sentence from the probation officer’s reports, which Justice Jackson also referred to. With this new reference, Jackson’s sentences were consistent with the recommendations from the prosecution or the probation officer. This argument formed by Republicans is intended to reach the uninformed public as it is built on a half-truth and exploited in order to pander to the masses.
After deliberating, Justice Ketanji Brown Jackson was confirmed to the Supreme Court with a 53-47 record, with three Republican senators breaking away from party lines. The confirmation rightfully energized President Biden’s supporters which overshadows those in opposition. Justice Jackson’s composure while enduring three days of hostile questioning from Republicans is an admirable quality. As the Supreme Court remains right-leaning (6-3), Republicans were not aiming to block her confirmation. Instead, the confirmation hearings merely provided a public platform for the Republican agenda, just in time for midterm elections. The issues raised hint at the party’s upcoming campaign strategies. Regardless, Justice Jackson’s confirmation is a milestone that deserves to be celebrated and, if anything, the hearings serve as a reminder to vote this fall.
Sources:
https://www.americanprogress.org/article/5-facts-about-judge-ketanji-brown-jackson/
https://www.washingtonpost.com/books/2022/03/23/ted-cruz-ketanji-brown-jackson-books/
https://www.factcheck.org/2022/03/the-facts-on-judge-jacksons-sentencing-in-child-porn-cases/
https://www.cnn.com/2022/04/07/us/book-bans-pen-america-analysis/index.html
https://www.npr.org/2022/03/23/1087238896/ketanji-brown-jackson-hearing-gop-midterm-messaging