Over the past week, the Senate has conducted the SCOTUS confirmation hearing of Judge Ketanji Brown Jackson, who was nominated by President Joe Biden last month. Judge Jackson has previously served under Justice Breyer and on the record has proven to be one of the most qualified justices to every go before the Senate. She is a Harvard Alumni and went on to go to Harvard Law School. Despite these qualifications, Judge Jackson has been under attack on her ability by the Senate and in the media. From Senator Ted Cruz to Fox Anchor Tucker Carlson, we have seen blatant racism and sexism from all sides.
Looking back on the history of the SCOTUS hearings for confirmation, we can see that hearings were not always necessary. The first SCOTUS confirmation hearing was for Judge Louis Brandeis in 1916 and this was because of the “controversial” nature of Brandeis’ identity. Brandeis was the first ever Jewish individual to be nominated to the Supreme Court and his hearing was the talk of extreme anti-Semitism. Because of this and other surrounding factors, the hearing confirmation was put into place. Understanding the nature of the first confirmation hearing, will help society understand what is now happening to Judge Jackson.
Judge Jackson’s hearing has been the subject of controversy and we have seen her battle with her intersectional identity. She is the first African American woman to be nominated and we have seen the direction of the questioning by the Senate has been about her identity. Senator Ted Cruz chose his form of questioning in the form of racism. He asks her about her opinion on critical race theory, which is the theory that by choosing the benefits from our racist system, we are inherently racist. Judge Jackson has never explicitly talked about critical race theory, but it was because of her race that this question came to the floor. Senators used their time and the public’s attention to promote their own political gain which had nothing to do with the qualifications of being on the Supreme Court.
Judge Jackson has showed immense calmness and collectiveness throughout the entire hearing. In society, we see too often that women of color are held to an impossible standard of maintaining professionality and never showing faults. Senators took an aggressive approach, and in most cases, Judge Jackson was not even allowed to answer because of the constant over-stepping. In the hearing of Brett Kavanaugh, he was accused of sexual assault, and we saw a different reaction of a nominee. He raised his voice and was extremely emotional. Even though his criminal investigation was seen incomplete, the main distress of the Senate was the complaint that they were trying to destroy a “good man’s” reputation. There was no question if he would be confirmed. In the terms of Judge Jackson, despite all of her qualifications and her clean record, her ability is still being questioned, and if she should be on the Supreme Court. This hearing has shown on national television that both white and male privilege is still very much an issue.
Ketanji Brown Jackson deserves better than this and what our representatives gave her. Judge Jackson is our future, and she represents what our country should stand for. If you were to take anything away from this hearing it should be how Judge Jackson is paving the way for a better future, simply by going up against our out-of-date Senate and proving that she is worthy of being here. I applaud Ketanji Brown Jackson’s courage in the face of adversity and showing young girls of color that they belong here. Judge Jackson has a long road ahead and it won’t be without its trials but, she will have the endless support of women everywhere creating a better future for the next generations to come.