Judge Ketanji Brown Jackson’s Face Said It All

Day Two of Her Confirmation Hearing Went About As Expected with a Barrage of Attacks from the GOP, But Judge Jackson Was a Picture of Composure and Restraint

Carolyn Kaster/AP Photo

Sen. Richard J. Durbin (D-IL), the chairman of the Senate Judiciary Committee, aptly called it a “trial by ordeal.” GOP Senators lined up to grill Judge Ketanji Brown Jackson on her second day of confirmation hearings on her nomination to the U.S. Supreme Court. Their attacks ranged from the ridiculous and irrelevant to the nasty and personal. Through it all, Judge Jackson was a picture of restraint and composure, even as Republicans sought to throw red meat to their base and connect her to conservative talking points over “Critical Race Theory” and “soft-on-crime” liberals.

Sen. Ted Cruz and Racist Babies

On the scale of ridiculous and irrelevant, Sen. Ted Cruz (R-TX) led the charge by questioning whether Judge Jackson believed babies are racist. His aim was to pin her to certain educational books offered at Georgetown Day School where she serves on the Board of Trustees. Cruz’s aide displayed large color photos from a children’s book called “Antiracist Baby” by Ibram X. Kendi. “This is a book that is taught at Georgetown Day School to students in pre-K through second grade,” Sen. Cruz said. “Do you agree with this book that is being taught with kids that babies are racist?”

Judge Jackson let out an audible sigh, a rare show of exasperation likely shared by half the viewers watching. “Senator,” the judge said, “I do not believe that any child should be made to feel as though they are racist, or though they are not valued, or though they are less than, that they are victims, that they are oppressors. I do not believe in any of that.” When Cruz pressed her on reading lists at the school, she responded, “I have not reviewed any of those books, any of those ideas. They don’t come up in my work as a judge, which I am, respectfully, here to address.”

Sen. Lindsey Graham and Judge Jackson’s Faith

One of the more memorable yet awful moments arrived when Sen. Lindsey Graham (R-SC), who had voted to confirm Judge Jackson to the Court of Appeals for the D.C. Circuit less than a year ago, set out to score points with conservatives once again. (His full-throated defense of Justice Kavanaugh during his confirmation, after all, had earned him points with the former president.) “What faith are you, by the way?” Graham asked Judge Jackson. When she answered that she was non-denominational Protestant, Graham shocked viewers with his follow-up question: “Could you fairly judge a Catholic?”

Graham claimed he was asking the question to determine how important Judge Jackson’s faith was to her. Judge Jackson quickly reminded Sen. Graham that there was “no religious test under the Constitution.” Later, Graham defended his question on Fox News, saying Judge Jackson was “uncomfortable with me asking how faithful she was” and that if she was “uncomfortable with that, where was she and others when they were destroying Amy Coney Barrett?” Ironically, Republicans had been adamant that Justice Barrett’s membership in the extremist Catholic sect “People of Praise” was off-limits during her confirmation.

Sen. Hawley and Child Porn

One of the ugliest attacks came from right-wing agitator and insurrection supporter Sen. Josh Hawley, who devoted his time to attacking Judge Jackson’s record on sentencing defendants. Sen. Hawley repeated his portrayal of Judge Jackson as lenient on child pornographers. He had cited nine cases where Judge Jackson imposed lighter sentences than the federal guidelines recommended—a “pretty mainstream” record according to Prof. Douglas A. Berman of Ohio State University Law School who reviewed the cases. Indeed, in five of those cases, it was prosecutors who had sought shorter sentences than were recommended.

To drive his point home, Sen. Hawley went into lurid details on one specific case, arguing that her decision on it led him to question her “discretion and judgment.” That case involved a defendant who had just turned 18 and was still in high school and who had shared images with an undercover detective. The defendant’s psychologist observed that “his interest in watching teens engaged in homosexual activity was a way for him to explore his curiosity about homosexual activity and connect with his emotional peers.” She had added that “there is no indication that he is sexually interested in prepubescent children.” Defense attorneys had asked for a one-day sentence, while prosecutors wanted 24 months—well below the federal guidelines. Judge Jackson had imposed a three-month sentence.

Sen. Hawley’s focus on this case is both cynical and familiar. When radical right politicians lead with child pornography or child sexual abuse, it is a clear tell that they are desperate to grab headlines, shift narratives, and raise funds. Sen. Hawley’s theatrical indignation over Judge Jackson’s sentencing record is all the more hypocritical because he has remained silent whenever members of his own party, such as Rep. Matt Gaetz (R-FL) or Rep. Jim Jordan (R-OH), are credibly accused of child trafficking or assist in covering up sexual abuse.

In the end, the Republican attacks only serve to highlight how far that party has fallen in its principles and decorum, particularly when contrasted to the measured and reasonable nominee they are grilling. Judge Jackson’s calm visage was nothing like the heated, unbalanced and even tear-stained face of her soon-to-be colleague, Justice Kavanaugh, and for that the Senate, Supreme Court and the nation at large should be very grateful.