What Is Happening in the Senate Judiciary Hearings?

            Senate hearings on federal Judge Ketanji Brown Jackson’s nomination to the Supreme Court this week. During the presidential election, President Joe Biden promised to nominate “a black woman” to the Supreme Court even though his promise was racist. He kept his word when he nominated Jackson. The opening day of hearings focused on Jackson’s record and her historical nomination. According to Fred Lucas, the twenty-two members of the Senate Judiciary Committee will discuss four matters during the hearings. 

1. ‘Historic Nature’ or Double Standard?

Democratic senators on the committee hailed the fact that Jackson is the first black woman nominated to serve on the Supreme Court….

Sen. Lindsey Graham, R-S.C., pointed out that Democrats had a very different view when they opposed President George W. Bush’s nomination of California Supreme Court Justice Janice Rogers Brown, a black woman, to the U.S. Circuit Court of Appeals for the District of Columbia and blocked confirmation of Miguel Estrada, a Hispanic, who had previously served in a number of legal capacities including as an assistant U.S. attorney, to the same circuit. [Emphasis added.]

Democrats’ opposition to Brown and Estrada was widely seen as driven by the fact that both were considered at the time as likely future contenders for seats on the U.S. Supreme Court.

“So, if you’re a Hispanic or African American conservative, it’s about your philosophy. Now it’s going to be about the historic nature of the pick,” Graham said. “This is going to be about your philosophy. Bottom line is that it is about philosophy when it is someone of color on our side. It’s about ‘We’re all racist if we ask hard questions.’ It’s not going to fly with us. We’re used to it by now; at least I am. So, it’s not going to matter a bit. We are going to ask you what we think you need to be asked.”

Sen. Ted Cruz, R-Texas, added to the historical record.

“As [then-]Sen. Ted Kennedy said in writing at the time, the Democrats filibustered Miguel Estrada, quote, ‘because he is Hispanic.’ They were explicitly racial,” Cruz said.

“If you are Hispanic or African American, and you dare depart from their political orthodoxy, they will crush you. They will attack you. They will slander you. They will filibuster you.”

2. Judicial Philosophy ‘Without Fear of Favor’

Delivering her opening remarks for the hearing, Jackson thanked God for her life.

“While I’m on the subject of gratitude, I must also pause to reaffirm my thanks to God, for it is faith that sustains me at this moment,” she said. “Even prior to today, I can honestly say that my life has been blessed beyond measure.” …

She didn’t detail her judicial philosophy, but explained her broad view.

“I decide cases from a neutral posture,” Jackson said. “I evaluate the facts, and I interpret and apply the law to the facts of the case before me, without fer or favor, consistent with my judicial oath.”

3. Sentencing in Child Pornography Cases

Durbin sought to cut off the likely focal point of Republican opposition to Jackson’s nomination.

“We’ve heard claims that you’re, quote, ‘soft on crime.’ These baseless charges are unfair,” Durbin said. “They fly in the face of pledges my colleagues made that they would approach your nomination with civility and respect.”

Sen. Josh Hawley, R-Mo., named seven child pornography cases where Jackson, as a U.S. district judge, handed down sentences below what the prosecutor had requested and federal sentencing guidelines recommended….

[Hawley’s] point: It’s difficult against this backdrop to argue that the sentencing guidelines are too harsh or outmoded, that we should be treating child porn offenders more leniently than the guidelines recommend.

Hawley said Jackson deserves the chance to explain her record….

4. Demand Justice, ‘Dark Money’ Influence

Several Republican senators brought up the role of Demand Justice, a left-wing legal group founded by former Hillary Clinton aide Brian Fallon under the financial sponsorship of liberal megadonor Arabella Advisors.

Demand Justice included Jackson on its Supreme Court shortlist for Biden. The group has also advocated for court-packing to advance Democratic policies on the court.

            Democrats are “whitewashing” Jackson in claiming that she is “an accomplished, experienced, highly qualified nominee to the Supreme Court.” At the same time, Republicans are striving to show that Jackson is soft on crime. In the end, I expect that Jackson will be appointed to the Supreme Court and that she will not make difference in the liberal-conservative slant of the court. I hope that Republicans ask difficult questions, but I also hope that they show respect to Jackson – something that Democrats did not show to Brett Kavanaugh.