Cruz and Jackson spar on critical race theory and child pornography sentences

Sen. Ted Cruz didn’t go easy on his former Harvard Law classmate Judge Ketanji Brown Jackson on Tuesday, grilling President Joe Biden’s nominee to the Supreme Court on critical race theory and allegations her sentences for child pornography offenses were lenient.

Cruz told Jackson her opening statement on Monday was “powerful and inspirational.” He then began perhaps the most tense line of questioning thus far in the proceedings, asking Jackson about the 1619 Project, a collection of essays published by the New York Times Magazine in 2019, which she had previously called “provocative.”


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Using visual cues, Cruz also asked her if she is a supporter of critical race theory, a term that has sparked a culture war despite no consensus on its definition. Some describe the theory as any curricula that diminishes the good in U.S. history by portraying the nation as fundamentally flawed due to original sins including racism and slavery. Others say it is an academic theory limited in scope to graduate-level courses and argue that claims the theory is taught in grade schools are unfounded.

Jackson said she called the body of work provocative because it was a frequent topic of cultural discussion at the time when she made the comment. Jackson also said critical race theory has “never been something I’ve studied or relied on” and has not and will not inform her work as a judge.

Pressed by Cruz on questions about critical race theory in schools, Jackson reiterated that the academic theory would not inform her work.

“I do not believe that any child should be made to feel as though they are racist, or as though they are not valued, or as though they are less than, that they are victims, they are oppressors,” Jackson said. “I don’t believe in any of that.”

Cruz also grilled Jackson on allegations she was lenient on child pornography offenders in sentencing, claims she has denied, arguing her sentences were within guidelines and the scope of her judicial authority.

Cruz listed a series of cases in which Jackson did not impose a maximum sentence. Jackson said that judges consider factors other than the maximum sentence as a matter of law and that her sentences were well within legal norms.


“I did my duty to hold these defendants accountable,” Jackson said.

Jackson called the crimes “egregious” and added, “Congress is the body that tells sentencing judges what they are supposed to look at, and Congress has said a judge is not playing a numbers game.”

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Before Cruz began his questioning, Sen. Amy Klobuchar trolled him by acknowledging him as she entered a statement of support for Jackson from retired federal Judge J. Michael Luttig, a prominent conservative legal figure, into the official record. Cruz once clerked for Luttig and, during his presidential campaign, said either President Bush should have nominated him to the Supreme Court.

NBC News reporter Julie Tsirkin wrote on Twitter that Sen. Ben Sasse, who was sitting next to Cruz at the time, “audibly cracked up.”

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