WASHINGTON — The Republican manhandling of Judge Ketanji Brown Jackson this week was convincing evidence that the Senate’s Supreme Court confirmation process is irredeemably broken.
Judge Jackson’s hostile interrogation, which featured political dog-whistling, relentless re-litigating Supreme Court feuds of past, marred what could be a reset for Senate. It was also a significant national moment in recognizing the first Black woman to ascend to the pinnacle American jurisprudence.
Instead, it was an escalation to what it has seen in recent years: toxic political partisanship. Bitter attacks. Innuendo filled questioning about the character flaws of a nominee that will likely carry the scars all the way to the high court.
“Do you believe child predators are misunderstood?” Senator Marsha Blackburn, Republican of Tennessee, asked in one of the many loaded queries aimed at defining Judge Jackson as some sort of pedophile enabler, despite years of lauded service on the bench.
“Could you fairly judge a Catholic?” asked Senator Lindsey Graham, Republican of South Carolina, one of Judge Jackson’s main antagonists despite the fact that he had voted to promote her to a highly influential appellate court just last year, one of only three Republicans to do so.
“Do you agree with this book that is being taught with kids that the babies are racist?” asked Senator Ted Cruz, Republican of Texas, who also took it upon himself to lecture Judge Jackson, whose parents had attended segregated schools, about the teachings of the Rev. Dr. Martin Luther King.
She was questioned about the definition of “woman,” at a time when transgender rights are a hot-button issue, and grilled repeatedly about her views of antiracism and critical race theory.
If there was a Supreme Court confirmation that could’ve gone differently, it would be this one.
Judge Jackson is a historic nomination, and her critics have rated her highly qualified. She has been confirmed by the Judiciary Committee three times and the Senate once. The last time was less than a year ago for her appeals court position. Her approval would not alter the ideological makeup of court, but it would lower the stakes for her confirmation.
The Republican leaders were determined to prove that they could be better than Democrats by challenging the nomination of the president of the other party in a respectful manner. They were concerned that the scenario of white Republican men attacking a Black woman would not be popular in an election year.
But Republicans couldn’t resist. Many of them tried to discredit Judge Jackson or at the very least drag her through the muck as they tried to confirm her.
Many Republicans couldn’t resist the temptation of media attention and the strong pull of the right-wing fringe of their party. The stakes of a lifetime spot on a court that will determine some of the most controversial issues in a divided nation are too high. The politics surrounding the court are too powerful.
Plus, Republicans continue to seek revenge for Democrats’ treatment of their party’s nominees dating back 35 years, and are particularly livid at what they consider the vicious attacks on Justice Brett M. Kavanaugh was confirmed by Democrats four years ago.
“There is this need to punch back,” said Senator Kevin Cramer, Republican of North Dakota, bemoaning the steep deterioration in the confirmation climate and the difficulty in correcting course.
Justice Kavanaugh was charged with sexual assault by a witness who was willing to testify under oath during his confirmation hearing. This is a very different situation from Judge Jackson who was confronted with a barrage questions that suggested she was a radical on issues social and a child sex abusers coddler. And though the Kavanaugh hearings were explosive, Democrats at least agreed to hold them, unlike Republicans who had blockaded President Barack Obama’s 2016 nominee, Merrick Garland.
Democrats were surprised, but not surprised, at Judge Jackson’s attack via a Republican presentation on sentences in child sex abuse cases. This presentation has been widely discredited. Senator Jon Ossoff, Democrat of Georgia, said he found many of the Republican attacks “cruel and unfair.”
“You faced insults here that were shocking to me,” said Senator Cory Booker, Democrat of New Jersey and the only Black member of the committee, who then paused before adding, “Well, actually not shocking.”
Democrats argue that Republicans took advantage of the complexity of the law and sentencing around sexual abuse cases to grossly distort Judge Jackson’s record in a handful of cases. They point out that Republicans on this panel voted to nominate Republican judges who sent child-sex offenders into jail for sentences lower than what was recommended by the government, and never raised a single question about it.
“It is hypocrisy with a capital H,” said Senator Richard Blumenthal, Democrat of Connecticut.
Even after the questioning concluded, Republicans weren’t finished. Led by Mr. Cruz, some were demanding a delay in any committee vote until the confidential sentencing documents in each of the child sex abuse cases Judge Jackson handled were turned over for review — still seeking more ammunition against her. Republicans threatened to boycott any committee vote and stall nominations. Democrats rejected that option.
This idea seemed to flop when Republicans realized what it would look like. A vote by the committee is now scheduled for April 4.
The Republican members of the committee seemed to have few, if any regrets about Judge Jackson’s treatment.
“I don’t think it was that brutal,” said Senator Tom Cotton, Republican of Arkansas, who referred to Judge Jackson as a “left-wing activist.” “We were just questioning her judgment.”
Doing so dovetails neatly with Republicans’ strategy for the coming midterm elections, in which they plan to use rising crime as a cudgel against Democrats. They saw Judge Jackson’s nomination — and her history as a public defender — as a way to try to capitalize on that.
In announcing his opposition to Judge Jackson on Thursday, less than 24 hours after her testimony ended, Senator Mitch McConnell, Republican of Kentucky and the minority leader, noted that she “gave certain terrible kinds of criminals light sentences” and that the nation is currently “in the midst of a national violent crime wave and exploding illegal immigration.”
Senator Richard J. Durbin, the Illinois Democrat who chaired the committee hearings, immediately responded to Mr. McConnell, saying, “Republicans are testing their messages for the November election.”
He also stated that it would be bad news for the country if Judge Jackson didn’t win any Republican votes. He felt the confirmation process was more difficult than a legitimate inquiry. This is despite the fact that a nominee who has been highly acclaimed up until the moment the Senate bears down on him, like many others, said he thought it was an ordeal.
“I think we ought to try to change the process and make it a little more humane,” Mr. Durbin said.
It’s not clear what this means for Supreme Court reviews. The Jackson hearing opened up a new frontier for vilification by focusing so much on her sentencing history. This means that any sentences handed down to future nominees will be subject to attack.
Some senators expressed hope that this episode would finally lead to a reassessment. Senator Sheldon Whitehouse, Democrat of Rhode Island, said the hearings had showcased “some truly poisonous, cynical behavior that trawled through the absolute bottom of what the Senate has done in dark times past.”
“Let’s hope that that was the low point, and we move back from that low point,” he said.
Source: NY Times
