The Treatment of Justice Ketanji Brown Jackson

On April 7, the U.S. Senate officially voted to confirm Judge Ketanji Brown Jackson to the United States Supreme Court, making her the first Black female justice in American history. What’s more, over the court’s 233-year history, only five other women and just three other people of color have served on the Supreme Court. But while Jackson was supremely qualified for this historic distinction, she still endured a glorified circus of questioning. Despite an undeniable record, she was still subjected to transparent provocation.

Perhaps the most provocative questions came from Senator Ted Cruz, who displayed supersized images from Dr. Ibhram X. Kendi’s book Antiracist Baby and proceeded to ask her whether or not she believed babies could be racist. Cruz’s intentional ignorance about the actual subject matter of a children’s book was frustrating, as was his performance of linking a picture book clearly written to explain racism to kids to critical race theory.

Senator Marsha Blackburn was adamant that Jackson’s support of the 1619 Project was proof that she wanted to teach kids that America was systemically racist. Senator Josh Hawley repeatedly pressed Judge Jackson for apparently being too lenient on child pornography offenders and purposefully misquoted Jackson to make her seem more sympathetic to these crimes. However, as pointed out by CNN, Jackson has routinely followed the typical judicial sentencing procedures in cases involving child pornography. Senator Lindsey Graham repeated Hawley’s claims, even though they were untrue. Judge Jackson largely responded evenly and unemotionally to this ridiculous questioning. As much as one would like to laud her tact and resolve, it’s hard not to be frustrated that she had to show such resolve at all.

Even when they’re on the cusp of reaching the pinnacle of achievement in their field, Black women must hide their emotions even in the face of clear provocation. Black women’s assertiveness is often conflated with attitude and immediately regarded as threatening; the “angry Black woman” label is not only assigned with startling swiftness, but it’s a moniker that replaces all credentials. Any emotions Black women show are often interpreted as inappropriate. There is simply no way for Black women to navigate such public situations of scrutiny without sacrificing their emotional well-being or putting their reputation on the line.

The treatment of Judge Jackson itself was also unfair when compared to other recent confirmation hearings. For instance, while Jackson had to answer for her fragile connections to the 1619 Project and children’s books, Justice Amy Coney Barrett’s admitted ties to fringe Catholic groups were deemed inappropriate to talk about during her confirmation hearing.

Black women simply aren’t afforded their fair share of humanity as others are. Had Justice Jackson performed at her confirmation in the same manner that Justice Kavanaugh had — by loudly yelling and crying when pressed about his sexual assault allegations — she would’ve been roundly dismissed and denounced. It seems utterly fanciful to imagine a world where Jackson would’ve been met with the same patience and understanding afforded to Kavanaugh. But, such is the plight of the Black woman, made to compete for the same roles and heights, only to be graded, perceived, and treated with implicitly cruel standards. To add insult to injury, these days of facing microaggressions and being asked to combat blatant fallacies will likely be rationalized by many as a necessary part of the confirmation process.

Senator Cory Booker managed to explain Jackson’s situation during the hearings themselves. “You got here how every Black woman in America who’s gotten anywhere has done, by being like Ginger Rogers: ‘I did everything Fred Astaire did, but backward, in heels,’” he said, perfectly articulating the old adage that Black women have to be twice as good to be considered equal. However, what’s often overlooked in that truism is that being twice as good also usually means enduring twice as much. In some circles, Jackson’s perseverance in light of confirmation hearings that were, at best, a waste of her time and, at worst, racist will be seen as an excellent example of her resolve. However, we should be acknowledging the mental and emotional tax she, no doubt, had to pay.