Dear John,
Just as yesterday’s questioning concluded, AFJ President Rakim Brooks reflected on the day’s hearings on MSNBC’s The Last Word with Lawrence O’Donnell. He highlighted how wonderful it was to see Judge Jackson’s sheer brilliance on display. He also celebrated that the next generation of ambitious law students will soon see someone with a well-rounded resumé grounded in public service on the highest court. You can also read Rakim's latest op-ed, published this morning in The Well, on the importance of having a former federal public defender like Judge Jackson on the Supreme Court.
Today was marked by political theater; Republicans playing to their base and repeating long-debunked arguments. In the face of vile attacks, Judge Jackson spoke passionately about her love of justice and fairness. She masterfully shared her perspective, worked to parse out direct questions, and resolutely found opportunities to provide full answers. Judge Jackson’s expertise on federal sentencing, the rule of law, and her own record allowed her character and poise to shine.
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Below are four key takeaways from the day:
1. Republican Senators went out of bounds, but Senator Booker reminded us why we are here.
Throughout the hearings, Republican comments were riddled with stereotypes, assumptions, and mischaracterizations of Judge Jackson’s words and her record. The fact that Senator Graham repeatedly interrupted and talked over Judge Jackson — while mischaracterizing her record on child porn cases — doesn’t match up with Republicans’ promises for a “respectful process.” Of course, these were mentioned as they re-hashed past hearings, most notably the confirmation of Justice Kavanaugh, who was credibly accused of sexual assault.
Powerfully energizing the room, Senator Cory Booker reminded us why we are here. He spoke about the joy of Judge Jackson’s historic nomination, letting the Committee and the country know that nobody could steal his joy. He told Judge Jackson she was remarkably qualified to sit on the highest court in the land and encouraged her to persevere in the face of ridiculous attacks, reminding her that she “got here how every Black woman in America has gotten anywhere... backward in [your] heels."
2. In the face of horrific attacks, Judge Jackson demonstrated her passion for justice, for our Constitution, and her deep admiration for the role of the judge.
Throughout more than 20 hours of questioning over two days, Judge Jackson defined the precise role of the judge — to review the facts and apply the law. She also respects that a judge is bound by prior decisions and noted that following precedent “creates predictability, stability in the law.” She also acknowledged that no institution is perfect, even the Supreme Court. When asked by Senator Amy Klobuchar about the importance of dissenting opinions, she alluded to the prophetic nature of a dissenting opinion: “[the] dissent in Plessy v. Ferguson was the blueprint for Justice Marshall in the Brown v. Board case, which means it can be an opportunity to clearly set out views in a way that can help the future.”
3. Republicans have placed party-line politics ahead of an honest review.
Republican senators obsessed over a small pool of sentencing cases, out of more than 500 decisions, that they used to unfairly construe Judge Jackson as lenient to defendants. In fact, as numerous fact-checkers across the political spectrum have verified, Judge Jackson was in the mainstream of federal judges in these cases. The soft on crime signaling and obvious disregard for each of our foundational constitutional promises speak volumes about their priorities — political points over all else.
4. Questions about “judicial philosophy” were improper attempts to discuss politics.
Senator Whitehouse spoke about how the Republican obsession with having a “judicial philosophy” is misplaced, as it can be a “screen for a predisposition that judges, frankly, should not have.” We know that it’s more important to have judicial integrity, temperament, and a neutral methodology, all of which Judge Jackson has displayed.
Senators consistently asked Judge Jackson agenda-driven political questions with political implications. Senators Cornyn and Graham asked about fetal viability and Senator Lee asked about late-term abortion. Senator Cruz attempted to ask Judge Jackson about gender identity and affirmative action. Judge Jackson remained firm and reminded Senators that she was there to speak about her record, not hypothetical, political matters.
The hearings thus far have been tremendously insightful for the public. They have revealed the brilliance and grace of Judge Jackson and the unhinged, politically motivated attacks of the minority party. Fortunately, their efforts have only made this judge shine brighter.
We look forward to the rest of the hearings and to Judge Jackson’s swift confirmation.
We’ll be back in touch tomorrow.
Alliance for Justice
