Not watching the Jackson confirmation hearings. Not, not, not. I am having enough trouble just dealing with the news stories about it. Someone would have to pay me big bucks to watch it.
For example, I’m reading Ryan Bort at Rolling Stone, Marsha Blackburn Lectures First Black Woman Nominated to Supreme Court on ‘So-Called’ White Privilege.
Sen. Marsha Blackburn (R-Tenn.) went so far as to suggest to Jackson, a Black woman, that white privilege doesn’t exist in America, a country where of the 114 justices to have been confirmed to sit on the highest court in the land, only two have been Black.
“You serve on the board of a school that teaches kindergartners, five-year-old children, that they can choose their gender, and that teaches them about so-called white privilege,” Blackburn said after bashing the “radical left.”
Blackburn continued to drill down on critical race theory, the GOP’s culture-war topic du jour. “You have praised the 1619 Project, which argues the U.S. is a fundamentally racist country, and you have made clear that you believe judges must consider critical race theory when deciding how to sentence criminal defendants,” she said. “Is it your personal hidden agenda to incorporate critical race theory into our legal system?”
You will probably not be surprised to learn that Blackburn was lying when she said “you have made clear that you believe judges must consider critical race theory when deciding how to sentence criminal defendants.” Here’s a fact check from the Associated Press:
Blackburn appeared to be referring to a speech in which Jackson described how she encouraged students to study federal sentencing policy as an academic area implicating many topics.
“Sentencing is just plain interesting on an intellectual level, in part because it melds together myriad types of law — criminal law, of course, but also administrative law, constitutional law, critical race theory, negotiations, and to some extent, even contracts,” Jackson said in her speech. “And if that’s not enough to prove to them that sentencing is a subject … worth studying, I point out that sentencing policy implicates and intersects with various other intellectual disciplines as well, including philosophy, psychology, history, statistics, economics, and politics.”
In other words, she indicates that “critical race theory” might be one of many potential factors at play in sentencing, not a mandatory consideration.
Per the AP, Blackburn also falsely accused Jackson of wanting to mass release all criminal defendants in the custody of the D.C. Department of Corrections because of the covid pandemic, but again, that’s not true, either. Blackburn was misquoting a decision by Jackson in which she refused to release a prisoner because of the covid pandemic.
The lies keep coming, Sen. John Cornyn claimed that Judge Jackson once accused President George W. Bush and his SecDef, Donald Rumsfeld, of war crimes. Alas, she did not.
Back to Ryan Bort:
Sen. Lindsey Graham (R-S.C.) spent most of his opening statement whining about Democrats’ treatment of Justice Brett Kavanaugh after they wanted to question the then-nominee after he was credibly accused of sexual assault, but he also echoed widespread GOP concern that Jackson’s skin color had more to do with her nomination than her credentials. “I want the Supreme Court to look more like the country, but I want it to operate within the confines of the Constitution,” he said.
The Washington Postpointed out on Sunday that, if confirmed, Jackson would be the only active Supreme Court justice to have attended an Ivy League law school, clerked for a Supreme Court justice, served as a public defender, served on the sentencing commission, served as a U.S. District Court judge, and served as a U.S. Court of Appeals judge.
She seems to be qualified.
It wouldn’t matter to Republicans how qualified she is. She’s a black woman. Therefore, she’s, um, suspicious.
Miz Lindsey actually “stormed out” of the hearing at one point, although exactly why isn’t clear. Every news story I look at gives a different reason. This may be it, from the New York Daily News:
Wagging his finger, Graham appeared to lose his temper as he derided the “frickin’” Afghanistan government and accused Jackson of being soft on the detainees.
He grilled the trailblazing jurist for filing a brief that raised questions about whether the government had the right to hold accused enemy combatants indefinitely without putting them on trial.
“Advocates to change the system like she was doing would destroy our ability to protect our country,” Graham snapped.
Jackson kept her cool and refused to give an inch to Graham, calmly correcting him about his interpretation of her positions and noting that her legal responsibility was to represent her clients.
Sen. Dick Durbin (D-Ill.), the Judiciary Committee chair, also sought to correct the record about Guantanamo. He noted that President Trump also released suspected Taliban prisoners, a point that set off Graham. …
… The pugnacious lawmaker even grilled her about progressives who supported her nomination over that of his preferred candidate, Judge J. Michelle Childs of his home state of South Carolina.
“The fact that so many of these radical groups that would destroy the law as we know it supported you is problematic to me,” he said.
Sen. Lindsey O. Graham (R-S.C.) on Tuesday tried to make a point that Republicans were angry about how Democrats had questioned a previous GOP-backed Supreme Court nominee about her religion — by questioning Supreme Court nominee Ketanji Brown Jackson at length about her own faith, then trying to reassure her after the fact that interrogations about her religion would not happen.
Seriously?
On the second day of Jackson’s confirmation hearing, Graham opened his allotted time to question President Biden’s Supreme Court nominee by noting how others had praised Jackson’s personal background.
“You have a wonderful family. You should be proud,” Graham said. “And your faith matters to you. What faith are you, by the way?”
Though it would be potentially illegal under federal law for an employer to ask a job candidate about their religious beliefs, Jackson started to respond that she was a nondenominational Protestant — before Graham cut in and asked if she felt she could judge a Catholic person fairly.
“Senator, I have a record of … judging everyone — …” Jackson replied.
Graham interrupted Jackson several more times, as she tried to state that it was important to set aside one’s personal views when considering cases.
“I’m just asking this question because how important is your faith to you?” Graham asked. “On a scale of 1 to 10, how faithful would you say you are, in terms of religion? You know, I go to church probably three times a year, so that speaks poorly of me. Or do you attend church regularly?”
At one point, Jackson said her faith was “very important” and also pointed out that “there’s no religious test in the Constitution.”
I assume Graham is looking for payback at questions to Catholic candidates about whether their religious beliefs would influence their decisions on abortion cases.
I haven’t even gotten to Ted Cruz yet. There’s another day of this nonsense. The poor woman has to sit there and not display anger, because only right-wing white men are allowed to be angry. Nor can she burst into tears and declare that she likes beer without ruining her career. Only a right-wing white man can get away with that.
If all Democratic senators vote for her, Katanji Brown Jackson will be confirmed without needing a Republican vote. She’d better be confirmed.