I hope my daughter never has to endure the treatment Judge Ketanji Brown Jackson has been subjected to.
Being a Black woman and the mother of a young Black girl, I felt it was important for her to witness this historical moment. But instead of the positive experience it could have been, the scene that played out was sadly familiar. As we sat together watching the Senate Judiciary Committee confirmation hearing, my nine-year-old wondered why Texas Sen. Cruz frequently interrupted Jackson.
“May I say a word I’m not supposed to?” she asked. “Isn’t he kind of being…a jerk, and why isn’t anyone doing anything?”
I explained a lesson from bell hooks: “Sometimes people try to destroy you, precisely because they recognize your power — not because they don’t see it, but because they see it and they don’t want it to exist.” Black women have a common experience — we are often required to respond with restraint and calm in the face of misogynoir (misogyny directed towards Black women where both race and sex play a role), so as not to disrupt the dynamics of power. I witnessed this misogynoir with my daughter as Jackson smiled and paused — a response born of hard-earned wisdom. It was triggering to watch.
We have waited 233 years to be represented. The Supreme Court has had 115 judges — of these, there have been two Black men and five women — none of them Black. Interestingly, confirmation hearings have only existed since 1916, when Woodrow Wilson put forward Louis Brandeis, the first Jewish man nominated. Hearings were not previously required for the white Christian men who had historically held these seats. Many might suggest the treatment of Jackson is some sort of retribution for treatment received by the last two Supreme Court nominees — particularly Brett Kavanaugh. Several GOP senators alluded to as much. However, in presuming this, one chooses to conveniently forget the circumstances surrounding those hearings.
Kavanaugh was accused of sexual assault. The consternation surrounding Amy Coney Barrett had less to do with the nominee than it did with whether, only weeks from the presidential election, confirmation proceedings should be happening at all. Senators blocked President Barack Obama from replacing Justice Antonin Scalia in the spring of 2016 — months before the election. During her hearing, Barrett repeatedly sidestepped questions, stating she shouldn’t give an opinion on matters she might have to rule on as a justice. Such answers have long-standing precedent, and did not seem to ruffle too many feathers among the GOP members of the committee. Contrast that with their treatment of Jackson, berated for not answering questions even as she was interrupted time and again. Still, she sat composed as she was met with conjecture and infighting amongst senators. Compare that with Kavanaugh, red-faced and shouting at the committee about how much he liked beer.
One might also be tempted to write off the treatment of Jackson as merely partisan politics as usual. However, you would only have to go back so far as the nominations of Sonia Sotomayor and Elena Kagan to note the marked differences in tone and tenor of those hearings compared to the Jackson hearings. A desire for the “most qualified candidate” has been the GOP rallying cry in response to President Joe Biden’s promise to nominate a Black woman. Of course, the quiet part of that seemingly reasonable request is the underlying assumption that no Black woman could possibly fit the bill as “most qualified.” As a federal appellate judge, a district court judge, a member of the U.S. Sentencing Commission, an attorney in private practice, and as a public defender, Jackson has broad experience across the legal profession. A visual from the Washington Post paints a poignant picture of the totality of Jackson’s unparalleled qualifications in comparison to her would-be colleagues. Kagan, for example, had never been a judge at any level before her appointment to the Supreme Court, yet her nomination was met with a far greater degree of civility.
What Jackson endured is a result of inequitable procedure propped up by decades of empty diversity, equity and inclusion promises without accountability. True commitment to inclusion requires opportunity for any historically excluded or marginalized person to enter without constant monitoring of the system. Black women, who must overcome the bigotry of both race and gender, are most often the last to be allowed in the room. As it stands, there are no Black women in the U.S. Senate, nor are there any Black women serving as governor. Yes, Kamala Harris is the vice president. And Jackson’s confirmation would be a step. But these singular exceptions do not themselves break the ceiling too many of us encounter.
I consult in diversity, equity and inclusion, and my professional experience leads me to believe that the linguistic and mental contortion we saw Jackson masterfully navigate was not nearly as difficult as assumed. She is a trained contortionist, as are many Black women. We anticipate the questioning, racism, sexism, and blatant contempt. We know that, once in the room, the fight to prove ourselves only intensifies. We embody the age-old adage of exceptionalism: “twice as good, to get half as much”. This often manifests as an alphabet soup of degrees and certifications behind Black women’s names, mine included. The problem with exceptionalism is that it falsely espouses one will, having achieved the exceptional, be treated well. Sadly, these hearings have served to reinforce that, not only was Jackson’s humanity not sufficient to be treated well, but neither were her exceptional qualifications.
I want more than this for us. This being the vitriol, pain, and perseverance. This being hopes and dreams sandwiched between systemic barriers and misogynoir. This being agility and strength earned on a rigged playing field. I want more than what we have today. For me, for you, for my little Black girl, and all little Black girls to come. We are to be treated well because we are human. Full stop. Our success should be judged by more than proximity to an impossible and unnecessary white ideal. We are enough as we are. The preeminently qualified Jackson, with her own display of vulnerability and humanity, reminded us that being human is enough. I saw myself and my daughter in Jackson, as her daughter proudly looked on. I know many of us did. Because her story is our story.
With other supposed allies in the room, New Jersey Sen. Cory Booker had to be the one to boldly disrupt the disgusting onslaught — to affirm, to encourage, to look her in the eyes and give a moment of reprieve. As Black women, we continue to navigate a world that so often demonstrates how little it values us. The sexism, racism, and discrimination are constant. Celebration of our perseverance only serves as a tacit reminder of the systemic inequity we face while offering little in the way of actual change. Do us a favor, if you will: 1. Lead from your chair to disrupt harm. Affirm, encourage, and look someone in their eyes and recognize their humanity. 2. Call your senator and demand confirmation of Judge Jackson.
A lesson I teach my nine-year-old is one we can all apply here: Leave people and places better than you find them. Also, don’t be a jerk.
Amira Barger is a Bay Area Black mom, an adjunct professor of marketing and communications and a diversity, equity and inclusion consultant.
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