Dahlia Lithwick: Cory Booker Aside, Democrats Stranded Ketanji Brown Jackson

[Nevilledog]

Link to tweet

Tweet text:

Marisa Kabas
@MarisaKabas
“I don’t pretend to understand the strategic goals of elected Democrats. But if the objective was to just force this extraordinary woman through the human spanking machine in the hopes she would just survive, well, mission accomplished.”

slate.com
Cory Booker Aside, Democrats Stranded Ketanji Brown Jackson
In spite of everything, Judge Jackson showed the world just how lucky we will be when she is confirmed as a justice.
8:41 PM · Mar 23, 2022

https://slate.com/news-and-politics/2022/03/cory-booker-democrats-ketanji-brown-jackson.html

The third day of hearings for Ketanji Brown Jackson’s confirmation to the Supreme Court came to a close on Wednesday following another 10-plus hours filled with character smears about child pornography from Republican senators and more phony umbrage about some out of context quotes. At this point, with just one more day of testimony from outside witnesses remaining, it is worth noting that this entire circus is being performed to try to pick off two or three Republican votes—and perhaps one Democratic vote—that will probably not come. One of the reasons Sen. Lindsey Graham is quite literally spitting and screaming about amicus briefs filed on behalf of Guantanamo Bay detainees two decades ago, is because having voted to confirm Judge Jackson to a federal appeals court less than a year ago, he must manufacture sufficient umbrage to vote against her now. Happily for Sen. Graham, time has gradually reduced him to a pile of free floating umbrage held together by hair.

If we can all agree that the purpose of this charade for Graham is to try to flip Sens. Susan Collins or Lisa Murkowski, and that for Sen. Ted Cruz, the purpose of this charade is to goose his own twitter mentions, and for Sen. Josh Hawley the purpose is to take what was a fringe “endangering our children” smear campaign last week and push it to the GOP mainstream today, it’s manifestly clear who the real pornographers are this week. But if we can all agree what the GOP agenda has been, I remain utterly mystified by the Democrats. They have the votes to confirm. They are about to irrevocably alter the course of American history. So what are they afraid of?

I wrote earlier this week about the utter failure on the part of Senate Judiciary Committee Democrats to connect this hearing to what is going to be a catastrophic series of progressive losses at the Supreme Court this term, and the almost staggering inability to lay out any kind of theory for progressive jurisprudence, or even a coherent theory for the role of an unelected judiciary in a constitutional democracy. My colleague Mark Joseph Stern wrote today about a broadside attack on the whole idea of unenumerated rights, substantive due process, and the entire line of cases that protect Americans from penalties for using birth control, forced sterilization, indoctrination of their children, and afford them the right to marry who they want. More mysterious than this coordinated GOP project to undermine LGBTQ rights, marriage equality, contraception, and abortion—again, none of this is new or shocking—was the almost complete silence from Senate Democrats on these issues of substantive due process, privacy, and bodily autonomy. On the simplest level the hearing might have been an opportunity to explain why Roe v Wade is in fact the tip of the constitutional iceberg; that the same doctrinal underpinnings at risk in this term’s looming catastrophe of Dobbs v. Jackson Women’s Health Organization could lead to existential losses of countless other freedoms. But the hearings were framed as if Republicans stand to lose the court, and the midterms, while the Democrats behaved as if the future of the courts, the Senate, and democracy itself has no bearing on what happened inside the Senate chamber.

I understand that the decision was taken to just get the nominee confirmed. Take the win. But for those of us watching and waiting to see Democrats support and back the nominee, there was an immense sense of underreaction. Judge Jackson looked alone fending off the QAnon smear brigade for much of these hearings because she was alone, at least until Sen. Cory Booker took it upon himself in his last colloquy to offer up a powerful corrective to the hatred being levelled at her, and to remind us why love can be an equal and opposite reaction to fear.

*snip*

[CrackityJones75]

1. Stop me if you've heard this one before....

Democrats are really to blame for the terrible republicans and their terrible actions.

[Demsrule86]

3. That is it.

[betsuni]

4. "Why did Democrats allow/let/not stop Republicans from blah blah blah?"

Always popular.

[Deuxcents]

2. I don't agree..democrats did not leave her out in the wind.

I’ve been down w/ a cold the last couple of days so I watched a lot of it. The usual rude assholes were on their game but Senator Padilla had her tell her story of perseverance and he let her show us her personality. I damn near cried it was so sweet of him.of course Cory Booker was probably her biggest fan n encouraged her to hang on as only 5 left after him! He was great n full of positive vibes for her. I thought Senator Sasse was respectful of her n maybe even enjoyed their previous conversations. Even Senator Tillis had hints of positive reactions. The rest of the R’s were on their own agenda at Judge Jackson’s expense n were deplorable. Imo.

[agingdem]

5. and the point is to get her on the Supreme Court..

Judge Jackson is not naive..she was prepared...she kept her composure, she never lost control..she was in control...Cruz, Hawley, Cotton, Graham, Blackburn, Kennedy were out of control, spewing insults, baiting her...they were not scoring points, obvious by the disgust emanating from their Republican colleagues...the judiciary committee Democrats are not there to protect her from their rancid counterparts..she's big girl...she can protect herself...

[Budi]

6. EXCUSE ME? 2016. Not ONE damned word from your "progressives" was spoken on the SC dire warnings.

I wrote earlier this week about the utter failure on the part of Senate Judiciary Committee Democrats to connect this hearing to what is going to be a catastrophic series of progressive losses at the Supreme Court this term, and the almost staggering inability to lay out any kind of theory for progressive jurisprudence, or even a coherent theory for the role of an unelected judiciary in a constitutional democracy. My colleague Mark Joseph Stern wrote today about a broadside attack on the whole idea of unenumerated rights, substantive due process, and the entire line of cases that protect Americans from penalties for using birth control, forced sterilization, indoctrination of their children, and afford them the right to marry who they want. More mysterious than this coordinated GOP project to undermine LGBTQ rights, marriage equality, contraception, and abortion—again, none of this is new or shocking—was the almost complete silence from Senate Democrats on these issues of substantive due process, privacy, and bodily autonomy. On the simplest level the hearing might have been an opportunity to explain why Roe v Wade is in fact the tip of the constitutional iceberg; that the same doctrinal underpinnings at risk in this term’s looming catastrophe of Dobbs v. Jackson Women’s Health Organization could lead to existential losses of countless other freedoms. But the hearings were framed as if Republicans stand to lose the court, and the midterms, while the Democrats behaved as if the future of the courts, the Senate, and democracy itself has no bearing on what happened inside the Senate chamber.
******

Well, pat youself on the back for listing all the losses which that ONE person who fking WARNED as best she could to a bunch of media posers who in turn chose to flat out ignore, mock, boo, & grind into the dirt, in favor of a Child predator & an author of "Rape Fantasies".

This isn't the Democrats fault that we sit in this sick fked up mess. We all know who aided in this shitshow.

We all know who blatantly sold out the last few generations who fought for those very things you emphatically call 'progressive losses' today.

Those were Democrats who passed down that torch of human rights.

We all watched in horror as this new progressive generation laughed, mocked, booed, & degraded the one person who stepped up to save what we had built.

Yes Booker spoke beautifully & righteously in sincere Booker style.
But for you to sit here and lay any blame on the 'Democrats' for any damned part of this publicity stunt by the Republicans, while polishing the 'progressive' name by laying claim to the very human rights you didn't give an iota of thought to, when the torch was being passed down, when the warnings were being spoken to your face, is a damned big self righteous lie, Ms Lithwick.

Judge KBrown is by far the finest we will ever have seated on the SC.
We would have 2 others as well had the warnings been heeded.

The Democrats have indeed stated their ire.
Booker put it all into one impactful speech.

Lay the blame where it really belongs.

[betsuni]

7. [phone]

[maxrandb]

8. Is that you Ms. Sarandon? NT