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      Supreme court ruling on Wisconsin maps highlights its hostility to voting rights

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      Supreme court ruling on Wisconsin maps highlights its hostility to voting rightsIt’s no secret the court has been hostile to voting rights recently – but what has changed is the ‘velocity’ that it is acting with Hello, and Happy Thursday,In the fall of 2017, I was sitting in the cramped press area at the supreme court as a lawyer named Paul Smith urged the justices to strike down the districts for the Wisconsin state assembly. They were so distorted in favor of Republicans, he argued, that they violated the US constitution. As Smith started to lay out his case, Chief Justice John Roberts cut in and laid out what he feared would happen if the supreme court were to step in and start policing electoral maps based on partisanship.Get the latest updates on voting rights in the Guardian’s Fight to vote newsletter“We will have to decide in every case whether the Democrats win or the Republicans win. So it’s going to be a problem here across the board. And if you’re the intelligent man on the street and the court issues a decision, and let’s say the Democrats win, and that person will say: ‘Well, why did the Democrats win?” Roberts said. “It must be because the supreme court preferred the Democrats over the Republicans. And that’s going to come out one case after another as these cases are brought in every state. And that is going to cause very serious harm to the status and integrity of the decisions of this court in the eyes of the country.”The supreme court eventually upheld the Wisconsin districts on technical grounds. But in 2019, the court removed itself and the entire federal judiciary from policing partisan gerrymandering. “Partisan gerrymandering claims present political questions beyond the reach of the federal courts,” Roberts wrote. He pointed to state courts as one potential forum where litigants could bring claims. Together, those two moments underscore how wary Roberts was of getting the court entangled in redistricting cases, highly politically charged disputes that could pose a serious threat to the court’s apolitical reputation.That’s why it was so stunning to see the supreme court intervene last week over Wisconsin’s new legislative maps. Instead of staying out of a redistricting dispute, the supreme court went out of its way to insert itself into the center of a dispute in one of America’s most politically competitive states.The Wisconsin case that arrived at the supreme court this year was a bit different from the one it considered in 2017. This time around, the state’s Republican legislature was challenging the state legislative districts that the Wisconsin supreme court picked for the state. Even though Republicans would still hold their majority under the new map, lawmakers took issue with the creation of an additional Black-majority district near Milwaukee. They said there wasn’t adequate justification for creating it, and made an emergency request to the supreme court to block the maps.In a seven-page unsigned opinion, the supreme court accepted that request last week. But it went further, using the case as an opportunity to interpret the Voting Rights Act in a narrow way without full briefing or oral argument in the case. Even longtime court observers were baffled.It’s no secret that the supreme court has been extremely hostile to voting rights recently. But what has changed is the “velocity” that the court is acting with, Richard Hasen, an election law expert at the University of California, Irvine, told me.“The supermajority of the conservative justices on the supreme court has become pretty emboldened. They’ve got a narrow vision of the scope of the Voting Rights Act. And they are not being shy about enforcing that as quickly as they can,” he told me. “What’s changed is how much more aggressive they’re willing to be.”That increased aggressiveness may in part be a function of the supreme court’s increased conservative majority. Back in 2017, when the court heard the first Wisconsin case, Anthony Kennedy was the swing justice on a court divided 5-4 between liberals and conservatives. Now, Kennedy is gone and conservatives have increased their majority to 6-3.Experts aren’t just alarmed by what the supreme court has been saying about voting rights, but also the way they have been going about it. The court had embraced an idea recently, called the Purcell principle, that courts should not upset the status quo when an election is near. But the justices have been inconsistent in how exactly it has applied that rule and have not really said how close an election must be before courts can’t intervene.In early February, for example, Justices Brett Kavanaugh and Samuel Alito said it was too close to Alabama’s 24 May primary to impose a new congressional map that would have increased Black representation. But in early March, when Kavanaugh made the same argument for upholding North Carolina’s congressional districts ahead of its 17 May primary, Alito, joined by Clarence Thomas and Neil Gorsuch, said it was not too close.And in the Wisconsin case, state election officials said any ruling that came after 15 March would “increase the risk of errors” as it prepared for its primary election in August. The supreme court intervened nine days after that deadline.“It is a sign that many of the brakes have come off,” Stephen Vladeck, a law professor at the University of Texas told me. “It’s a sign that the court is increasingly willing to do whatever the court wants to do, procedural constraints and sort of awkward timing nonwithstanding.”Also worth watching …
      Anyone who isn’t in jail or prison for a felony can vote, a three-judge panel in North Carolina ruled on Monday. The decision could affect up to 56,000 people in the state, though election officials aren’t letting people with felonies register just yet.
      Arizona Republicans passed a law requiring new voters to prove their citizenship to vote in a presidential election, which is probably illegal.
      Ohio voting rights groups are fuming after Republicans did a bait-and-switch to try again and get the state supreme court to approve gerrymandered maps.
      A committee of Georgia lawmakers stopped a proposal, for now, that would have expanded the Georgia bureau of investigation’s ability to investigate voter fraud, among other measures.
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      Ketanji Brown Jackson to receive rare Republican vote as Collins says yes

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      Ketanji Brown Jackson to receive rare Republican vote as Collins says yesMaine senator says she will vote to confirm Joe Biden’s nominee: ‘There can be no question she is qualified’ The Maine senator Susan Collins will vote to confirm Ketanji Brown Jackson to the US supreme court, giving Joe Biden’s nominee a rare Republican vote as she proceeds towards becoming the first Black woman ever to sit on the nine-judge panel.Ketanji Brown Jackson hearing reveals racist fears of Republicans | Steve PhillipsRead more“I have decided to support the confirmation of Judge Jackson to be a member of the supreme court,” Collins, a Republican moderate, told the New York Times after meeting the nominee a second time.“There can be no question that [Jackson] is qualified to be a supreme court justice.”The confirmation was not in doubt. Democrats need only their own 50 votes in the evenly divided Senate to put Jackson on the court, given the casting vote of the vice-president, Kamala Harris. Joe Manchin, a centrist Democrat from West Virginia, had already confirmed his support.But the vice-president’s tie-breaking vote has never been required to confirm a supreme court justice, making Collins’ vote at least symbolically important.Collins’ support also comes at a time of bitter partisan divide that was underscored by hostile and politically loaded questioning of Jackson led by white, hard-line Republican men, prominently including Tom Cotton, Ted Cruz and Josh Hawley.Ahead of a confirmation vote next week, other Republican moderates could follow Collins and announce support for Jackson. In particular, Mitt Romney of Utah, the 2012 Republican nominee for president, has said he has not yet decided.Jackson will replace Stephen Breyer when he retires this summer. As Breyer is a member of the outmatched liberal group on the court, his replacement will not alter the 6-3 conservative majority.Republicans including the Senate minority leader, Mitch McConnell of Kentucky, have complained that Jackson would not take a position on calls from progressives to expand the court in order to redress its ideological balance, during confirmation hearings last week.Speaking to the Times, Collins said: “In recent years, senators on both sides of the aisle have gotten away from what I perceive to be the appropriate process for evaluating judicial nominees.“In my view, the role under the constitution assigned to the Senate is to look at the credentials, experience and qualifications of the nominee. It is not to assess whether a nominee reflects the individual ideology of a senator or would vote exactly as an individual senator would want.”Supreme court confirmations have become highly political and increasingly rancorous.In 2016, as Senate majority leader, McConnell refused even a hearing for Barack Obama’s final nominee, Merrick Garland, thereby holding a seat open in the hope it would be filled by a Republican president. Collins duly voted to confirm Donald Trump’s first nominee, Neil Gorsuch, the beneficiary of such hardball tactics.Collins also voted to confirm Brett Kavanaugh, Trump’s second nominee, who vehemently denied accusations of sexual assault.‘You’re my star’: high points of Ketanji Brown Jackson confirmation hearingsRead moreBut Collins voted not to confirm Amy Coney Barrett, a hardline conservative installed shortly before the 2020 presidential election in place of Ruth Bader Ginsburg, a liberal lion, in stark contravention of supposed principles about confirmations close to elections laid out by McConnell four years before.During the Democratic primary in 2020, Joe Biden promised to put a Black woman on the supreme court. Some Republicans voiced opposition to such a promise, disregarding precedent including Trump’s vow to name a woman to replace Ginsburg.In 2021, Collins was one of three Republicans who voted to confirm Jackson to a federal appeals court. The other two were Lindsey Graham of South Carolina – a hostile questioner in Jackson’s supreme court hearings – and Lisa Murkowski of Alaska. Murkowski has not said which way she will vote this time.Explaining her vote to the Times, Collins cited Jackson’s “breadth of experience as a law clerk, attorney in private practice, federal public defender, member of the US Sentencing Commission and district court judge for more than eight years”.In a tweet, the White House chief of staff, Ron Klain, said: “Grateful to Senator Collins for giving fair, thoughtful consideration to Judge Jackson – and all of the president’s judicial nominations.”TopicsKetanji Brown JacksonUS supreme courtUS politicsLaw (US)newsReuse this content More

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      Republican won’t say whether Capitol attack panel will question Ginni Thomas

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      Republican won’t say whether Capitol attack panel will question Ginni ThomasAdam Kinzinger vows to ‘get to the bottom’ of insurrection after Clarence Thomas’s wife reportedly urged White House to overturn Trump’s election defeat Adam Kinzinger, one of two Republican members on January 6 committee, on Sunday vowed to “get to the bottom” of events surrounding the 2021 insurrection at the US Capitol but refused to reveal whether the panel intends to question Ginni Thomas – wife of US supreme court justice Clarence Thomas – over reports of her urging the White House to overturn Donald Trump’s election defeat.Senior Democratic Senator Amy Klobuchar said Clarence Thomas must recuse himself from relevant cases and warned the integrity of the supreme court is at stake.Kinzinger refused to confirm or deny the existence of text messages Ginni Thomas is reported to have exchanged with then White House chief of staff Mark Meadows, although he did not contest the Washington Post and CBS’s joint revelation last week that they obtained copies of such messages from materials submitted to the congressional committee by Meadows.“The question for the committee in this or any exchange is ‘was there a conspiracy, or how close did we get to overturning the election?’” he told CBS’s Face the Nation show on Sunday.Kinzinger, one of two Republicans on the House select committee investigating the events surrounding 6 January 2021, said of witnesses being summoned to give evidence to the committee: “We’ll call in whoever we need to call in.”He added: “Was there an effort to overturn the legitimate election of the United States? What was January 6 in relation to that? And what is the rot in our system that led to that and does it still exist today?…We are going to get to the bottom of this.”He did not say whether that “rot” extended to the nation’s highest court.Thomas and her husband are rightwing political darlings who have described themselves as “one being – an amalgam,” according to the New York Times.Amid the latest reports, Justice Thomas is now facing calls to recuse himself from any cases surrounding the 2020 presidential election, the insurrection and potentially the 2024 presidential election, should Trump run for re-election.Time for Clarence Thomas to recuse himself from election cases – his wife’s texts prove itRead moreMeanwhile Klobuchar of Minnesota, chairwoman of the Senate rules committee and a member of the Senate judiciary committee, which quizzes nominees for the supreme court, demanded that Clarence Thomas be removed from any such cases.“This is unbelievable,” Klobuchar told ABC’s This Week. “You have the wife of a sitting supreme court justice advocating for an insurrection, advocating for overturning a legal election, to the sitting president’s chief of staff. And she also knows this election, these cases, are going to come before her husband. This is a textbook case for removing him, recusing him, from these decisions.”The 29 exchanges reported between Ginni Thomas and Meadows reveal how the wife of one of the land’s top jurists disseminated disinformation related to the QAnon conspiracy theory and other inaccurate arguments during the tempestuous days following the November 2020 election when right-wingers were claiming Democrat Joe Biden had not won.Even as Trump strategized efforts to overturn his defeat through the courts, Virginia “Ginni” Thomas “spread false theories, commented on cable news segments and advocated with urgency and fervor that the president and his team take action to reverse the outcome of the election,” the Post reported.It reported she wrote to Meadows: “Help This Great President stand firm, Mark!!!…You are the leader, with him, who is standing for America’s constitutional governance at the precipice. The majority knows Biden and the Left is attempting the greatest Heist of our History.”Pressed about how he and his colleagues would broach Thomas’s alleged attempts to undermine a legitimate US election, Kinzinger said they want to ensure their work is “not driven by a political motivation, it’s driven by facts”.The House select committee has so far hesitated to demand cooperation from Thomas in part because they are worried she may “create a political spectacle to distract from the investigation”, the Guardian previously reported.Klobuchar said: “All I hear is silence from the supreme court right now. And that better change in the coming week because every other federal judge in the country except supreme court justices would have guidance from ethics rules that says you got to recuse. The entire integrity of the court is on the line here.”TopicsUS elections 2020US Capitol attackClarence ThomasUS politicsUS supreme courtLaw (US)newsReuse this content More

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      Ginni Thomas texts spark ethical storm about husband’s supreme court role

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      Ginni Thomas texts spark ethical storm about husband’s supreme court roleStash of messages from Clarence Thomas’s activist wife released to January 6 committee have raised conflict-of-interest concerns Calls have erupted for ethical conflict-of-interest rules on America’s top court after it was revealed that Ginni Thomas, wife of the supreme court justice Clarence Thomas, pressed Donald Trump’s White House chief of staff to overturn the results of the 2020 presidential election.The Washington Post reported that it had obtained a stash of 29 text messages between Ginni Thomas and Mark Meadows, then Trump’s top White House aide, which were exchanged in the tumultuous days after the November 2020 election. In the texts, Thomas blatantly urged Meadows to do anything he could to subvert the democratic result so as to frustrate Joe Biden’s victory and keep Trump in power.Ginni Thomas urged Trump’s chief of staff to overturn election resultsRead moreEthics groups, members of Congress, law professors, media pundits and a slew of other interested parties have responded to the revelations with astonishment and concern. The Thomas-Meadows texts were contained in a trove of 2,320 digital communications that Meadows has handed to the House select committee investigating the storming of the US Capitol by Trump supporters on 6 January.Those communications were only obtained by the committee after the supreme court ordered them to be transferred to Congress, rejecting claims by Trump that they were covered by executive privilege. The court forced disclosure of the material, including the Ginni Thomas texts, by a vote of 8 to 1 – with Clarence Thomas providing the only dissent.Norman Ornstein, a senior emeritus fellow at the conservative American Enterprise Institute, called the development “a scandal of immense proportions”. Branding Ginni Thomas a “radical insurrectionist”, he said it was time for the January 6 committee to subpoena her texts and emails to see what other incriminating evidence was out there.Laurence Tribe, a professor of constitutional law at Harvard law school, called on the justice department to investigate the apparent conspiracy between Thomas, Meadows and Trump. “Hard to see Justice Thomas not recusing when that reaches” the supreme court, he said.Gabe Roth, executive director of Fix the Court, which campaigns for reform of the supreme court, told the Guardian that the rule of law depended not just on impartiality, but on the appearance of impartiality.“There is a lack of moral authority on the supreme court right now, there is a lack of trust, and the court needs to acknowledge it and take steps to ameliorate it,” Roth said.The commotion has come at a torrid time for the supreme court. On Friday Clarence Thomas himself was discharged from hospital having been treated for days with an infection.Millions of Americans also viewed the televised spectacle of the first Black woman to be nominated for the highest court, Ketanji Brown Jackson, being subjected to bizarre and hostile questioning by Republicans in her confirmation hearings. Senators including Ted Cruz and Josh Hawley pressed her on her sentencing record of sex offenders in child-abuse imagery cases, and on anti-racist teaching in schools in ways that at times came closer to dog-whistle politics than a solemn constitutional process.That Ginni Thomas was using her considerable network of contacts to try to subvert democracy came as little surprise to close observers of US politics. For decades she has acted as a prominent champion of ultra-rightwing causes, heading her own lobbying firm, Liberty Consulting, since 2010.In recent months, concern about apparent conflicts of interest relating to Clarence Thomas, who is the longest-serving of the nine justices on the supreme court, and his wife has been intensifying. Investigative articles by Jane Mayer in the New Yorker and by the New York Times have raised red flags about the interplay of such a leading rightwing lobbyist and her powerful judicial husband.The direct connection between Ginni’s texts and Clarence’s dissent in the supreme court’s ruling over disclosure of those same texts to Congress takes the issue to a new level. It raises the question of whether Clarence Thomas had any awareness of what was in the material that the January 6 committee demanded to see.As Dan Rather, the former CBS News anchor, put it: “What does Clarence Thomas know? And when did he know it?”The Thomases have always denied that they discuss each other’s work. In one of her texts, however, written three weeks after the 2020 election, she responded to Meadows – who described the attempt to overturn Biden’s win as “a fight of good versus evil” – by saying:“Thank you!! Needed that! This plus a conversation with my best friend just now … I will try to keep holding on.”“My best friend”, although veiled, was beyond doubt a reference to her husband, according to Mayer of the New Yorker, who tweeted: “‘best friend’ is how the Thomases refer to one another”.Mayer is one of many commentators who are now wondering whether it is time for an ethics code to be imposed on the supreme court – which is the only federal judicial panel in the country not to be governed by any such safeguards against corruption or conflict of interest.All other federal judges, including appeals court judges, are subject to a rule that says that they must recuse themselves in any matter in which “he or his spouse” is a party to, or has an interest in, the proceedings.Supreme court justices are required to recuse if their impartiality “might reasonably be questioned”. But as the constitutional law expert Steve Vladeck noted, there is no effective enforcement mechanism, underlining the need for a more solid set of ethics rules.The exposure of Ginni Thomas’s texts was revealed by Bob Woodward, of Watergate fame, and his Washington Post colleague Robert Costa, adding a patina of journalistic royalty to the furore, which has left even observers well versed in Thomas’s extreme politics astounded by how far she was willing to go in espousing a political coup on behalf of Trump.In her Meadows texts she regurgitated a conspiracy theory embraced by QAnon supporters that Trump had watermarked ballots sent by mail supposedly in order to detect voter fraud.She also sent Meadows a video – backing Trump’s big lie that the election was stolen from him – created by a far-right “truther”. The video maker had previously claimed that the 2012 gun massacre at Sandy Hook elementary school in Connecticut, in which 20 children were murdered, was an invention cooked up by gun-control advocates.Before the text messages emerged, Thomas’s links to Trump’s big lie were already known. She attended the January 6 “Save America” rally in Washington hours before the Capitol insurrection, posting on Twitter: “LOVE MAGA people!!!!” GOD BLESS EACH OF YOU STANDING UP or PRAYING!”“This is a really sad state of affairs,” Roth told the Guardian. “That a longtime political operative like Ginni Thomas should go down such a rabbit hole saddens me deeply.”TopicsUS supreme courtUS Capitol attackClarence ThomasnewsReuse this content More

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      Ketanji Brown Jackson hearing reveals racist fears of Republicans | Steve Phillips

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      Ketanji Brown Jackson hearing reveals Republicans’ racist fearsSteve PhillipsRepublicans are becoming so hysterical because people like Judge Jackson pose a revolutionary threat to the status quo “Black Girl Magic” is on full display in the supreme court confirmation hearing for Judge Ketanji Brown Jackson, and Republicans are apoplectic. The juxtaposition of Jackson’s calm, confident, professionalism with the hostile, cynical and contemptuous questioning by senators such as Texas senator Ted Cruz is an object lesson for the entire world on the ongoing dynamics of systemic racism in the United States.Rather than do their constitutional duty of engage with a prospective supreme court justice on the pressing legal issues of the day, the Republican committee members have opted to throw racist red meat to their rabid white supporters who are gripped by fear of people of color. Cruz led the charge with his attacks on critical race theory, asking Jackson whether she agrees “that babies are racist” and trying to paint the judge as a dangerous person who would force white children to learn about racism.In so doing, Cruz was working from a tried and tired playbook that seeks to dramatize anti-racist demands in ways that fuel white fears about the consequences of Black people attaining positions of power. There is a long history in this country of the leaders of white people trying to force Black people to denounce anti-racist movements as a condition for entry into the highest precincts of power (Cruz is Latino, but his base is largely white). In 2008, the media tried to force Barack Obama to denounce his pastor Jeremiah Wright’s statements forcefully condemning white supremacy. Two decades earlier, Jesse Jackson was dogged by demands that he distance himself from Nation of Islam leader Louis Farrakhan. The point of said attacks is to try to weaken support for the Black person one way or another. Either they distance themselves from Black leaders and movements, thereby diminishing Black enthusiasm, or they refuse to renounce anti-racist voices, and that refusal is then used to scare white people.Cruz and his ilk gravitate to such tactics because white fears about Black people have defined politics in this country for centuries. One of the Republican questioners of Judge Jackson was South Carolina senator Lindsey Graham, representative of a state that has been in the forefront of efforts to whip white people into a frenzy about the prospects of Black equality. In 1712, the South Carolina legislature passed the “Slave Laws” – legislation designed to control the behavior of “Negroes and other slaves [who] are of barbarous, wild, savage natures”. South Carolina’s leaders were so extreme in stoking white fears that the state was the first to secede from the Union and turn to violence after Abraham Lincoln’s election on an anti-slavery platform in 1860. Graham’s predecessor, Strom Thurmond, ran for president in 1948, defiantly declaring that, “there’s not enough troops in the army to force the Southern people to break down segregation and admit the n—-r race into our theaters, into our swimming pools, into our homes, and into our churches!”Today’s Republicans are becoming so hysterical because people like Judge Jackson pose a revolutionary threat to the status quo in that they reveal the ubiquity of Black brilliance. Cruz, Graham and their fellow modern-day Confederates know instinctively that as the public sees how many amazing Black women there are, it becomes much harder to explain why most of the powerful positions in this country are still held by white men. In 233 years, there hasn’t been a single Black woman smart enough to sit on the supreme court? The notion is absurd. So, if it’s not lack of talent, then it must be something else. Like racism and sexism. Exposing this reality is very dangerous to a political party whose power rests on exploiting that racism and sexism (all the while denying it exists).The very fact that Jackson’s nomination is historic and not routine is a profound indictment of the United States of America. Hour after hour, question after question, Judge Jackson – secure in the knowledge that she is simply the latest talented Black woman and not the first – is calmly, confidently and politely taking a wrecking ball to the myth that America is a meritocracy. And the implications of that scare the Republicans to death.
      Steve Phillips is the founder of Democracy in Color and author of Brown is the New White: How the Demographic Revolution Has Created a New American Majority. He is a Guardian US columnist
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      US supreme court nominee Ketanji Brown Jackson deflects Republican attacks – video

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      Republicans pressed their attacks on a range of issues against Ketanji Brown Jackson, Joe Biden’s nominee to become the first Black woman on the US supreme court. Jackson, who had remained even-tempered throughout marathon questioning during her Senate judiciary committee confirmation hearing, showed impatience over repeated questions posed by Republicans who accused her of being too lenient in sentencing in cases involving child abuse images

      Ketanji Brown Jackson faces renewed Republican attacks in Senate grilling
      Ketanji Brown Jackson defends against Republican’s claims on child abuse sentences
      Ketanji Brown Jackson vows to defend US constitution in opening remarks More

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      Republicans turn Ketanji Brown Jackson hearing into a political circus

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      Republicans turn Ketanji Brown Jackson hearing into a political circus Solemn proceedings of confirmation hearing took a nosedive into farce with bizarre moments in Jackson’s epic inquisitionAt 2.54pm on the second day of Ketanji Brown Jackson’s confirmation hearings that will determine whether she takes a seat on the US supreme court, the solemn proceedings took a nosedive into farce.Ted Cruz, the Republican senator from Texas, turned theatrically to an outsized blow-up of a children’s book, Antiracist Baby by Ibram X Kendi. Pointing to a cartoon from its pages of an infant in diapers taking their first walk, he asked Jackson: “Do you agree with this book… that babies are racist?”“Senator,” Jackson began with a sigh. And then she paused for seven full seconds, which in the august setting of the Senate judiciary committee hearing felt like a year.For the one and only time in the 13 hours of questioning that Jackson endured that day, the nominee appeared flummoxed. Or was it flabbergasted?Here she was, aged 51, with almost a decade’s experience as a federal judge behind her and, if confirmed, the history-making distinction of becoming the first Black woman to sit on the nation’s highest court ahead of her. And she was being asked whether babies were racist?“I don’t believe that any child should be made to feel as though they are racist or not valued, or less than, that they are victims, oppressors,” she said eventually. When Cruz refused to drop the subject she gave a more direct answer.“I have not reviewed any of those books,” she said. “They don’t come up in my work as a judge, which I’m respectfully here to address.”That Cruz chose to focus on critical race theory (CRT), the years-old academic theory that has become the latest conservative hot-button issue, in his questioning spoke volumes about the brutal social issue politics of today’s Republican party. That he did so to a Black woman lent the exchange the astringency of a racial dog-whistle.Cruz’s attack was not unique. Four hours before he began his interrogation, the official Twitter account of the Republican National Committee posted a gif of the nominee bearing her initials “KBJ” which are then scratched out and replaced with the letters: “CRT”. Critical race theory is an academic discipline that examines the ways in which racism operates in US laws and society.There was another twist to Cruz’s questioning. The private elementary school at which he claimed CRT was being taught – Antiracist Baby and all – is Georgetown Day School on whose board Jackson sits as a trustee. When GDS was founded in 1945 it too made history as the first integrated school, serving both Black and white children, in the nation’s capital.Lest any of the attendants of the hearings inside the Hart Senate office building or following along on television had doubts about Cruz’s motivations, he grilled Jackson on several other racially-charged subjects. He began by vaunting his own anti-racist credentials by expressing the admiration he shared with Jackson for Martin Luther King.Within seconds of that warm embrace, however, the senator segued to a speech that Jackson made in 2020 – on MLK day – in which she referred to the 1619 Project.The project, initiated by the New York Times, seeks to reframe American history by placing the consequences of slavery and the role of African American women front and centre of the national narrative. Cruz asked Jackson if she agreed with some of its more contested conclusions, which he claimed were “deeply inaccurate and misleading”, to which she replied that she had only mentioned it because it was “well known to the students I was talking to”.Again, she stressed, this was a subject that had absolutely nothing to do with her work – or by implication, the job of a supreme court justice.Outside observers were incensed by Cruz’s tactics. “What we saw today was an attempt to assail the character of Ketanji Brown Jackson, because her record is so wholly unassailable,” Janai Nelson, president and director-counsel of the racial justice organization, NAACP Legal Defense and Educational Fund, said on MSNBC.Raphael Warnock, the Democratic senator from Georgia and former senior pastor of the Ebenezer Baptist church in Atlanta where King once preached, pondered in the New York Times: “Would they be asking these questions if this were not a Black woman?”There were other awkward moments in Jackson’s epic inquisition, which she survived while barely dropping the perma-smile from her face. There was the moment that Lindsey Graham, Republican senator from South Carolina, flounced out of the hearing having earlier wrongly accused Jackson of having called George W Bush and the then defense secretary Donald Rumsfeld “war criminals”.Yet more bizarre was the episode when Marsha Blackburn, Republican senator from Tennessee, asked Jackson whether she could “provide a definition for the word ‘woman’.” “No, I can’t,” came the curt reply.It was all a far cry from the promise delivered by Senator Chuck Grassley, the top Republican in the judiciary committee, at the start of the hearings. There would be no “spectacle” or “political circus” coming from his side of the aisle.Several Republican senators followed that pledge by channelling QAnon. Senators Josh Hawley from Missouri, Cruz and Graham all pursued the inquisitorial line that Jackson had been unduly lenient as a federal district court judge in her sentencing of sex offenders who consume and distribute images of child sex abuse.Though they avoided stating so explicitly, the senators clearly intended to imply that Jackson’s sympathies lay with pedophiles. That’s a short stone’s throw away from the core conspiracy theory peddled by QAnon, the toxic Donald Trump-supporting online movement.At its “Pizzagate” inception during the 2016 presidential campaign, QAnon fantasised about a child trafficking ring around Hillary Clinton and other Democratic leaders and liberal Hollywood celebrities.As Media Matters has noted, the claim that Jackson was lenient towards sex offenders consuming images of children first surfaced last month. A conservative group American Accountability Foundation (AAF) ran an “investigation” into her writings while a student at Harvard law school in which she explored discrepancies in sentencing policy in such cases.The group misleadingly claimed that her writing exposed her as a radical judicial activist dedicated to “social justice engineering”.Days before the confirmation hearings began, Republican senators had taken up AAF’s lead and were plotting how to use it during the confirmation process. Last week Politico obtained a document that was circulating among the senators in which they rehearsed the claim that the judge “routinely handed out light sentence”, and that the lightest of all were in “child pornography cases”.A pedophile-sympathising, critical race theory-loving, judicial activist, radical leftist social engineer. The vision of the nominee that was presented over hours of Republican grilling made for quite the spectacle.But will the political circus work? “They are trying to find some way to make her look less than qualified,” Nelson concluded. “They failed miserably.”TopicsKetanji Brown JacksonUS supreme courtLaw (US)US politicsfeaturesReuse this content More