The confirmation hearings for Ketanji Brown Jackson for Associate Justice of the Supreme Court distinguished themselves as both historical and an exercise in endurance for the nominee. Brown Jackson. If confirmed to sit on the Supreme Court, Brown Jackson will not only be the first Black woman to sit on court , but she will also be the only justice with significant trial experience. A judge with impeccable credentials, Brown Jackson’s achievements were overshadowed by the incessant focus on Critical Race theory and her sentencing in child pornography cases.
Critical Race Theory (CRT) has become a whipping post for its detractors. The concept emerged in the 1980’s as the systematic study of how racism impacts all aspects of society. Legal scholars like Derrick Bell and Kimberle Crenshaw spearheaded the early scholarship on this issue and worked to the build the corpus of the scholarship. At present, CRT is being used by critics opposed to expanding K-12 curricula to include more multicultural elements. These debates have sparked accusations of indoctrination and anti-white sentiments. Some have argued, in the case of the 1619 Project, that any attempt to rethink the origins of American society is problematic. These efforts have been very intense, especially in conservative states like Florida and Texas.
During Brown Jackson’s hearing, CRT took front and center stage. Senator Ted Cruz, using a series of sign board diagrams and books, tried to connect Brown Jackson with CRT. He began his presentation by asking whether she was a proponent of CRT. When she answered in the negative, Cruz asked her about  her role on the board of Georgetown Day school. He then presented several books including an Introduction to CRT and several books by Ibram Kendi including How to Be An Anti-Racist and Antiracist Baby. Cruz alleged that Kendi’s work showed how babies can be racist. Cruz’s attempts to discredit CRT, and Ibram Kendi’s work fell flat. Brown Jackson pointed out that she did not subscribe to these ideas, which were Cruz’s interpretation as opposed to an informed understanding of CRT or Ibram Kendi’s work.
The second most contentious portion of the hearing revolved around child pornography. These cases are among the most heinous of those considered before the court. In a blatant attempt to discredit Brown Jackson, several members of the Judiciary committee attempted to suggest her sentence of pornographers was far below the federal requirements. Brown Jackson pointed out that her sentencing was not out of line in relationship to federal guidelines. She pointed out that her judicial philosophy was steeped in practice. She argued that each case was unique and she was duty bound as a judge to take all factors into consideration.
In recent years, the Supreme Court confirmation process for the Supreme Court has been messy, to say the least The inability of the two major political parties to act in a truly bipartisan manner, the political nature of the process in that presidents from each party nominate justices which align with the ideals connected to their political persuasion. Recent confirmation hearings, most notably for Republican nominees have been contentious. Two of Trump’s nominees experienced pushback. This pushback arose from either problematic behavior and/or ideological rigidity.  In the case of Brett Kavanaugh due to allegations of sexual harassment and rape, and Amy Coney Barrett for her ultraconservative views on abortion.
Operating above the fray is Kentanji Brown Jackson. An experienced jurist, skilled attorney and impartial advocate for all. She is a model of grace under pressure. But more important, she will bring her calm and deliberative manner to bear on some of the most important issues of the period. Her vast experience as litigator going back to her public defender role will bring much needed insights and perspectives to the court that heretofore were missing.
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Previously Published on Historian Speaks
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