On Monday, Joe Biden’s Supreme Court nominee, D.C. Circuit Judge Ketanji Brown Jackson, will sit before the Senate Judiciary Committee to answer questions. Despite the relatively temperate response to her nomination, revelations about her record since her nomination have raised doubts as to whether Jackson will be able to receive bipartisan support in her confirmation or perhaps whether she’ll be confirmed at all.
Here are five things that Jackson will have to answer for in her confirmation hearings.
5. Her possible anti-Semitism and black supremacy
Earlier this month, we learned that Jackson was a member of the Black Students Association (BSA) during her senior year at Harvard in 1992 when the organization hosted a well-known anti-Semitic speaker, City University of New York (CUNY) professor Leonard Jeffries.
Jeffries was the subject of a 1991 report by The American Jewish Committee (AJC) on anti-semitism in the Afrocentrism movement, which, among other things, revealed how Jeffries “preaches Jew-hatred like a religion.” Jackson most certainly knew about Jeffries’ bigotry, as his attitudes were well known and controversial enough at the time that his invitation to speak sparked protests. What’s not clear is whether Jackson ever spoke out about Jeffries’ speaking or objected to her group’s hosting the event, which raises questions about her attitudes towards Jewish people and black supremacy.
4. Her advocacy for Gitmo terrorists
During closed-door meetings with Jackson, Sen. Josh Hawley (R-Mo.) reportedly raised the issue of Jackson’s past work representing terrorists detained at Guantánamo Bay prison and made it quite clear it would come up during her hearing.
“We did talk … about her representation of Guantánamo Bay detainees. I expressed some concern about this,” Hawley said. However, he added that he thought her work representing Gitmo detainees while in private practice was “interesting” and “a little concerning.”
Democrats naturally think there’s nothing wrong here, that everyone has a right to legal counsel in the United States, but the Republican National Committee (RNC) argues that Jackson’s “advocacy” goes “beyond just giving them a competent defense.”
3. Her attitude toward sex offenders
It seems obvious that Sen. Josh Hawley (R-Mo.) is the Republican senator to watch during Jackson’s confirmation hearings this week. In addition to her advocacy for Gitmo terrorists, Hawley has already raised the issue of Jackson’s troubling record regarding sex offenders and child porn offenders.
“I’ve been researching the record of Judge Ketanji Brown Jackson, reading her opinions, articles, interviews & speeches. I’ve noticed an alarming pattern when it comes to Judge Jackson’s treatment of sex offenders, especially those preying on children,” Hawley said last week. “Judge Jackson has a pattern of letting child porn offenders off the hook for their appalling crimes, both as a judge and as a policymaker. She’s been advocating for it since law school. This goes beyond “soft on crime.” I’m concerned that this [is] a record that endangers our children.”
Related: Radical Elie Mystal Says Josh Hawley Is Trying to Get Biden’s SCOTUS Nominee Killed
2. Her position on far-left power grabs
Despite being overzealous in their recent efforts to gain and hold onto power, Democrats most certainly have the long game in mind at all times. For example, their efforts to ax the filibuster, pack the Supreme Court, abolish the electoral college, and federalize elections have so far been unsuccessful. Still, they most certainly will continue to try, and the constitutionality of those efforts will ultimately come before the Supreme Court. So far, she’s avoided answering questions on these issues privately with senators. She’ll most certainly be asked again before the Judiciary Committee, and her answers (or lack of them) will be very telling.
1. Her attitudes toward critical race theory
Jackson has a history of praising and defending critical race theory and its concepts. She has avoided directly championing CRT but has praised CRT advocates and, according to the Daily Wire, has suggested that CRT “informs her legal analysis.” Does Jackson believe that America was founded in 1619, when the first slave ship arrived at the American colonies, or in 1776? Does she think that America is an inherently racist nation? How exactly will CRT inform her legal analysis?
Though he doesn’t sit on the Senate Judiciary Committee, Sen. Joe Manchin (D-W.Va.) is the Senator to watch on this. Last year, Manchin joined with Senate Republicans to pass an amendment banning the use of federal funds to teach critical race theory. This may be an issue that makes him reluctant to support her nomination. However, if Republicans are united in opposition to her, Manchin could thwart her confirmation.
