In a lighter moment of an often contentious hearing for Judge Ketanji Brown Jackson, President Joe Biden’s nominee to the Supreme Court, Sen. Ben Sasse made an argument against permitting cameras in the courtroom with a thinly veiled reference to the very same hearing in which they were participating.
A bipartisan group of senators has introduced legislation to require the Supreme Court to broadcast its hearings. The court began to hear cases via teleconference during the COVID-19 pandemic and has continued to make audio streams of its hearings available. But some argue the court should broadcast its hearings, as Congress does, for the sake of transparency.
Sasse, however, argued against permitting cameras in the courtroom, despite “well-meaning impulses,” saying cameras “change human behavior.”
“We should recognize that the jackassery we often see around here is partly because of people mugging for short-term camera opportunities,” Sasse said.
Sasse said pen-and-pad reporting offers transparency “just fine” and the court should seriously consider those “trying to get on cable that night” or “create a viral video.”
Sasse made the comments shortly after Sen. Ted Cruz bickered with Sen. Dick Durbin, the committee’s chairman, arguing that Jackson should answer his questions after Durbin said his allotted time had expired. Sasse made the comments while seated next to Cruz.
Earlier in the week, Jackson declined to take a position on permitting cameras in the courtroom when asked by Iowa Sen. Chuck Grassley, who supports doing so. Jackson said, should she be confirmed, she would like to discuss the matter with her colleagues on the court before taking a position.
Elsewhere in his questioning, Sasse asked Jackson to condemn “cancel culture,” mentioning students in some academic settings shouting down speakers with whom they disagree.
Jackson said issues of free speech in schools and colleges may come before her should she be confirmed to the court.
“You are going to be a hero,” Sasse said. “You are already a hero to lots and lots of kids, students, maybe some bound for the law, but more broadly, students across the country.”
Sasse said he suspects that Jackson is “an advocate of vigorous and robust debate.”
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“I don’t see how you might be constrained against saying that, but I’m going to just assume we’re mostly aligned on this,” he said.
“I think that’s a fair assumption,” Jackson said.