SCOTUS hearing questions range from sex crime sentencing to critical race theory

Courtesy of AP News

Judge Ketanji Brown Jackson faces the Senate untill Thursday.

Luca Neuschaefer-Rube

Editor’s Note: Reporters from the Daily observed the hearing from a stream provided by the PBS NewsHour Youtube channel.

Iowa State University students studying law and politics shared their thoughts on Senate questions after day two of hearings for Judge Ketanji Brown Jackson. 

Much of the day was consumed with questions regarding past sentences in cases of sex crimes against children.

Jackson said during Tuesday’s hearing that she had 14 cases involving sex crimes to children, 10 of which she imposed a sentence that was at least consistent with what was requested by the government or the probation office, if not higher.

When questioned by Sen. Josh Hawley (R-MO), she further explained her imposed sentences.

“All of the offenses are horrible, all of the offenses are egregious, but the guidelines as you pointed out are being departed from even with respect to the government’s recommendation,” Jackson said. “The government in this case and in others has asked for sentences that are substantially less than the guideline penalty.”

To Alyannah Buhman, a senior majoring in criminal justice, Hawley’s questioning stood out. 

“He depicted Judge Jackson as if she were lenient to child predators, but if he knew the law, he would know that there are certain “limits” that an offender has to hit before they can be charged with a certain offense,” Buhman said. “No one is arguing that child pornography is not bad, but sometimes, the solution isn’t as linear as it seems.” 

Sen. Ted Cruz (R-TX) listed the child pornography cases Jackson worked as a judge comparing the government’s recommendations to the imposed sentences. 

He said that the imposed sentences in almost all cases Jackson presided over were “far below than what the prosecutor was asking for.”

Answering Cruz’s questions, Jackson said that “[Cruz’s] chart does not include all of the factors that Congress has told judges to consider, including the probation offices recommendations.” She went on to say, “I did my duty to hold the defendant accountable in light of the evidence and the information that was presented to me.”

Abigail Meehan, a senior majoring in political science and Spanish and president emeritus of the ISU College Democrats, had an assumption on the heavy questioning regarding child pornography.

“I think that is an issue that evokes a lot of emotion from people,” she said. “I think it’s interesting that they were complaining that she let people off too easily, but I think in a lot of cases they just try to get you to crack or look bad.”

Replying to some of the criticism brought forward by Republican Senators, Senate Judiciary Chairman Dick Durbin said Congress had not touched the topic for more than 15 years. 

“Congress doesn’t have clean hands in this conversation,” Durbin said. “And you aren’t the only one who faced this kind of a challenge with the cases before you.”

Sen. Mazie Hirono (D-HI) started her questioning time by listing other judges who imposed similar sentences in child pornography cases confirmed for courts by Republican Senators, some unanimously. 

Apart from these cases, more than one question was raised about Jackson’s philosophy and methodology and her role in the jurisdiction and the legislation of the United States.

“My northstar is the consideration of the proper role of a judge in our Constitution scheme,” she said. “And in my view judges should not be speaking into political issues, and certainly not a nominee for a position on the Supreme Court.”

Buhman said that Jackson had proven her qualification through her work.

“Although Jackson has her own personal views on legal issues, her impartiality on the bench is what led her to this nomination,” Buhman said. “She has demonstrated that characteristic time and time again on the bench. I think she has the experience, passion, impartiality and gumption that we need in a Justice.”

Cruz also asked Jackson about critical race theory and it being taught to children. He referred to the Georgetown Day School in Washington D.C., where Jackson is a board member. He showed some books that, according to Cruz, are part of the curriculum for children at this school.

“Do you agree with this book, that is being taught with kids, that babies are racist?” he asked while referring to the book “Antiracist Baby” by Ibram X. Kendi.

Jackson answered she had not reviewed any of those books, but they won’t come up in her work as a judge.

For Meehan, Sen. Lindsey Graham’s (R-SC) line of questioning stood out on the second day of hearings because he stormed out of the room after Durbin corrected some of the numbers he used in his questioning.

Leading to Graham’s exit was a discussion about Jackson’s work as an appellate attorney of detainees in Guantanamo Bay. 

“It won’t bother me one bit if 39 of them die in prison,” Graham said. “That is a better outcome than letting them go. And if it costs $500 million to keep them in jail, keep them in jail, cause they are going to go back to the fight. Look at the frickin Afghan government, it is made up of former detainees at GITMO.”

While most of the Republican Senators used their questioning time to ask critical questions, many Democratic Senators took their time praising Jackson and her role as the first African-American woman to be nominated to the U.S. Supreme Court.

When beginning his questioning time Sen. Richard Blumenthal (D-CT) pointed out the meaning of Jackson’s nomination.

“You will make the court look more like America but also think more like America,” he said. “You will provide a very important perspective, indeed a unique perspective, that the court needs more than ever at this moment in its history.”

Sen. Cory Booker (D-NY) also pointed out Jackson’s background, coming out of a family with many members working in law enforcement and her qualifications as a judge.

“I just want America to know that when it comes to my family’s safety, when it comes to Newark, N.J. or my state: God, I trust you. I trust you.”