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Letter From The Editor Opinion

Following the Script

Tennessee Senator Marsha Blackburn’s questioning of U.S. Supreme Court nominee Judge Ketanji Brown Jackson reveals a disgusting truth about public life — not everyone is held to the same standard.

Sometimes I think about jumping ship. Perhaps I flatter myself, but I think I have some felicity with a turn of phrase. I have, on occasion, inspired an emotional response from my readers. Maybe I’m letting my ego run wild, but I think I could add something to any bench of speechifiers. Why not me?

What, one might ask, has prompted this flight of fancy?

Why it’s the senate confirmation hearing for U.S. Supreme Court nominee Judge Ketanji Brown Jackson, of course! As I write these words, the hearings are still ongoing, and it’s becoming apparent beyond parody how different are the standards to which we hold certain individuals. Consider, for example, the stark difference in qualifications between, say, Judge Jackson and Tennessee Senator Marsha Blackburn, who grilled Jackson on the first day of the hearing. If you so happen to be surfing the world wide web, I suggest contrasting the two officials’ Ballotpedia pages.

Jackson “received a bachelor’s degree in government, magna cum laude, and a J.D., cum laude, from Harvard University in 1992 and 1996, respectively. She served as the supervising editor of the Harvard Law Review from 1995 to 1996.” Blackburn, just for comparison, “graduated from Mississippi State University with a bachelor’s in home economics.”

Jackson’s page also boasts a lengthy list of awards. But I shouldn’t be unfair. Blackburn’s name is in a New York Times headline this week. To wit, the Times published an article by Charlie Savage titled “Echoing Conservative Grievances, Blackburn Miscasts Jackson’s Views.”

If you’ve seen any of the video from the hearing, you already know that transgender athletes, progressive education, parental rights, and (of course) critical race theory (CRT) were on the senator’s list of grievances. Most of the issues were, to be generous, something of a leap. Blackburn misquoted her way through Jackson’s record, apparently attempting to prove that Jackson was an agent of the deep state, hell-bent on introducing her secret biases into the American legal system.

“Ms. Blackburn also described three instances in which Judge Jackson ordered the release of inmates, including ‘a convict who murdered a U.S. marshal,’” Savage writes in the Times article. “The cases appeared to match three Covid-era rulings by the judge under a compassionate release law. The senator omitted the context: The man who killed a U.S. marshal, for instance, did so in 1971, had since served 49 years, and was 72 at the time of his release, with myriad health problems.”

Ah yes, those dangerous 72-year-olds. What a menace! Surely, this is proof that Judge Jackson is “soft on crime.”

Is that all it takes? One has only to mumble their way through a list of talking points, and one of the nation’s two foremost political parties is all too ready to celebrate them? Don’t we expect more from our senators? There are only 100 of them! Can we not expect them to comport themselves with some dignity? At the very least, can they not misquote people during a nationally televised hearing?

Of course, the lion’s share of the blame is undoubtedly because Jackson is Black. I have no doubt that the complaints from senators and Fox News hosts are owed primarily to racism, particularly any so-called “concern” about the judge’s qualifications for the role.

It’s a disturbing trend and a truly sad state of affairs. And if people think this behavior is acceptable while on camera, imagine what must happen in so many interviews, meeting rooms, and who-knows-where-else across the country. The unnecessary scrutiny some people must contend with, the free pass others get to make mistakes again and again and again. What really frightens me is that there seems to be a significant portion of Americans who think that it’s normal to twist the facts to fit a narrative, for whom fact checking is an anachronism.

So I wonder sometimes what it’s like to join the party for whom qualifications only matter if you’re talking about the other team. Why be constrained by facts, truth, common decency, or the belief that everyone deserves a fair shot? It must be an easy gig, following that well-worn script, if you can find a way to sleep at night.

All you have to do is speak loudly and carry a big grudge.