On Thursday, April 7, 2022, history was made with the confirmation of Judge Ketanji Brown Jackson as the first African American woman to become an Associate Justice of the United States Supreme Court. Whatever one’s politics, this was certainly a momentous outcome for the advancement of some measure of balance on the “court of last resort.” The process that led to the final counting of the votes, was fraught with a great deal of character assassination, the malignment of Judge Jackson, and a number of Republican senators showing just how low they could go to try and derail the nomination. Through it all Judge Jackson displayed a measure of grace under the intense pressure and innuendos caste about and to her. A lesser person might well have buckled under the unfounded and baseless attacks on her judicial record and her personal integrity.
A glaring example of the level of hypocrisy that several senators stooped to was best displayed by Ted Cruz the Senator from Texas and the grandest hypocrite of all the hypocrites. He who chastised anyone who deserted a state during a time of crisis. Obviously, this did not apply to him. Subsequently, he flew his daughters to Cancun, Mexico during one of the most crippling crises experienced by the State of Texas. During the “inquisition” of Judge Jackson by some of these senators, Cruz spent a great deal of time questioning her about Critical Race Theory and held up a book that was used at a Georgetown private school in Washington. Not only did the Judge and her husband send their daughters to the school, but the Judge was also on the board of the school. Cruz was relentless in his accusations about what the book described from a racial perspective. During the questioning, Judge Jackson stated that she was not familiar with all the books being used at the school and could not address some of the innuendos being thrown about by the senator. An interesting side bar to this matter is that the private school Cruz and his wife send their children to in Houston, St. Johns, uses the same book that he was so adamantly bothered by and, in fact, St. Johns, is much more public with its position on diversity and inclusion when compared with the Georgetown school. What Critical Race Theory has to do with her qualifications as a judge will always remain a mystery.
Similarly, the Republican Senator from Tennessee, Marsha Blackburn, seemed to be on another wave- length than would be expected in an inquiry as to Judge Jackson’s judicial qualifications. Blackburn focused on asking the nominee how she would define a woman and the nominee declined to answer. Again, one must question, the significance of this question. What could be the reasoning behind the question other than to try to find a way to “trip up” the nominee. Subsequently, several Republican legislators were asked the same question and to a person they had a difficult time trying to produce a definition of “what is a woman”. The definition included in the Merriam-Webster dictionary is “an adult female person.” This really does not delineate the unique differences between an adult male person and an adult female person. Oh well, just one more example of the inane position some senators took during their time to question the nominee.
There was also a great deal of attention given to the nominee’s judicial decisions, specifically in child pornography cases. Even though some of her decisions might be questioned, in the main she adhered to the federal guidelines which provides a measure of discretion and latitude for judges to hand down sentences. As was stated on several occasions, her record for such decisions mirrored the actions of other judges and she was not out on the limb of leniency any more than might be expected of any judge in a comparable situation. Senators Graham, Hawley, and Cotton were particularly focused on this issue and were doggedly relentless in their attacks of her. On another note, Cotton, the senator from Arkansas, even stooped to the lowest of low when he suggested that Judge Jackson would probably have defended a Nazi during the Nuremberg Trials. He was also quoted as saying that she was friendly in helping terrorists, such as Nazis. How low is low?
The confirmation of Judge Jackson was based on a fifty-three for and forty-seven against vote and the president’s hope for bipartisan support of the nomination was met. As we know, three Republican Senators, Collins of Maine, Murkowski of Alaska, and Romney of Utah voted in favor of her confirmation. Based on their comments, they reached their decisions based on the judge’s qualifications and not on her politics and they are to be commended for taking this action. One of the more confusing and perplexing positions was that of Blunt, the retiring senator from Missouri. He had nothing but high praise for Judge Jackson and believed that she was immensely qualified to sit on the Supreme Court, yet stated that he would vote, no, for her confirmation. Why?
Throughout the process, Judge Jackson remained in control of her emotions and dealt with the onslaught in a remarkable manner. Others might have “folded their tent” and determined that it was all not worth the intense and crazy attacks on her, as her family, husband, and children sat behind her listening to it all. That she “hung in there” is a tremendous achievement on her part and for that she should be commended. In my judgement, those who chose to wage the attack, could best be described as “piss ants.” This is a phrase that a colleague used with some frequency in describing others. By the Oxford definition, a piss ant is “an insignificant contemptuous person or thing” - how best to characterize these senators. Their behavior certainly met the essence of the definition.
What I have included is my personal position. Obviously, I feel quite adamant about what I have included. What has been included is based on the written record of the hearing proceedings and the commentary of those who witnessed the process. I am aware that everyone who might read what I have included will not agree, and that is OK. In closing, I do think that the forty-seven senators who voted against Judge Jackson’s confirmation should step back and reflect on their position. If their decision was based on differences in judicial philosophy, that is defensible; however, if their decision was based on politics, in my judgment, that is not defensible.