Dr. Jane Elza

I watched all 22 hours of the confirmation hearings for Judge Ketanji Robinson and found them fascinating. They were very revealing about the workings of the Senate, the personalities of the senators and the degree of animosity that exists between the two parties. From Sen. Graham’s opening list of grievances to Sen. Blackburn’s off the wall charges against Judge Robinson, the intensity of that animosity quite frankly surprised and shocked me, but it was interesting.

The Democrats were better organized than the Republicans. Each side alternated questioning and the Democrats were able to refute or defuse Republican questions promptly, often with posters. It frequently took Republicans two or three turns to react to the Democratic response, which made it difficult for viewers to follow the thread.

Sen. Whitehouse started with a poster presentation on the role of dark money in the confirmation process. I learned a lot. Somebody should do a special on this aspect of judicial influence. There was considerable back and forth between both sides on an organization called Arabella, a left wing dark money source. I had to Google it because neither side actually explained what it did. Watching the hearing was often like being a guest at a party where the hosts are arguing in marital code. You think you got the gist of it but it’s clear they’re not saying everything they mean.

For what it’s worth, I found one senator’s discourse on the commerce clause very interesting. It was a thoughtful analysis of the modern administrative state. Sen. Cruz’s foray into Critical Race Theory lost points because I couldn’t read the words on his poster. Several senators commented at length on the impact the internet has had on various things.

The tenor and noise level of the hearing changed when the possible Republican candidates for president took the floor. Their attacks on Judge Robinson centered on 13 cases involving child pornography in which her sentences were lower than the sentencing recommendations once required by Congress. When allowed to answer, Judge Robinson pointed out that the Supreme Court has required that judges look at a variety of listed factors in making their decisions. She outlined a methodology that focused on the facts of the case and the existing law before her.

It’s unclear anyone was listening. Throughout the hearing, Republicans quoted words from a transcript they said proved she was soft on crime. These quotes came after she twice pointed out that they were quoting from her summary of the defendants’ position and if they read two lines down they would find that she rejected that position and imposed jail sentences on them.

One of the factors Judge Robinson considered in the pornography cases was the recommendations of the probation officers. It seemed that the Democrats had a copy of the list of recommendations before the Republicans got it. This led to the most dramatic moments in the hearings. Charges of fraud and deceit were made. A letter of demand was written. Voices and eyebrows were raised in shock and anger. Then they went on break.

When they came back, the issue was settled. Everybody had everything everybody else had. Apologies were made and accepted. The chair and cochair had worked everything out behind the scenes as is the usual procedure in Congress. The list of recommendations sort of disappeared thereafter.

However, the ante was raised. Republicans demanded not only the list, but the reports made by the probation officers on these cases, which are sealed to protect the victims. Chairman Durbin made a powerful plea to his colleagues not to subject these vulnerable children to the glare of the public just to provide sound bites for campaign ads. With tears in his eyes, he said that a vote would have to be taken by the committee outside the camera’s eye. He implored each senator to search his conscience before voting.

This is not the most contentious confirmation hearing ever held. Scholars give that title to Justice Brandies’ hearing. In fact, the senators spent a fair amount of time complimenting one another on how polite they were, while chastising the other side for not being polite in the past. There were hints they would be polite in the future but viewers may well be skeptical.

Oh, by the way, the hearing revealed that Judge Robinson is a poised, capable, intelligent person who decides cases by looking at the facts and law in front of her. She will make an excellent Justice. I hope someone in the Senate noticed.

Dr. Jane Elza, Ph.D., retired, is a resident of Valdosta.