Cruz Confronts Jackson With CRT Books at Her School Board Including “Anti-Racist Baby”; Jackson Says She Accused U.S. of “War Crimes” to “Preserve Issues”

On 3/22/2022, during Supreme Court nominee Ketanji Brown Jackson’s confirmation hearing, Senator Ted Cruz confronted her with specific books from the Georgetown Day School where she served on the board — including Ibram Kendi’s “Anti-Racist Baby,” which teaches children as young as four that “babies are taught to be racist or anti-racist, there is no neutrality.” Jackson said she “didn’t know” if CRT was taught at the school. Senator Lindsey Graham pressed Jackson on whether she had accused the U.S. of “acting as war criminals” for holding Gitmo detainees; Jackson said she was “making allegations to preserve issues on behalf of my clients."

"Anti-Racist Baby” for Four-Year-Olds

Cruz held up specific books from the Georgetown Day School curriculum. “Among the books that are either assigned or recommended, they include ‘Critical Race Theory: An Introduction,’ ‘The End of Policing’ — an advocacy for abolishing police — ‘How to Be an Anti-Racist’ by Ibram Kendi,” Cruz listed.

“I’ll tell you two of the ones that were most stunning,” Cruz continued. “They include ‘Anti-Racist Baby’ by Ibram Kendi. One portion of the book says ‘babies are taught to be racist or anti-racist — there is no neutrality.’ Another portion recommends to babies: ‘confess when being racist.’”

“This is a book that is taught at Georgetown Day School to students in pre-K through second grade — so four through seven years old,” Cruz said. “Do you agree with this book that babies are racist?”

Jackson deflected. “Senator, I have not reviewed any of those books, any of those ideas. They don’t come up in my work as a judge,” she said. She also attempted to distinguish between public and private schools. “Georgetown Day School, just like the religious school that Justice Barrett was on the board of, is a private school."

"I Don’t Know” If CRT Is Taught

Cruz pressed further. “You agree critical race theory is taught at Georgetown Day School?”

“I don’t know, because the board does not control the curriculum. The board does not focus on that. That’s not what we do as board members, so I’m actually not sure,” Jackson said.

Cruz noted: “The board is chaired by Professor Fairfax, your college roommate who introduced you yesterday. So the two of you serve on the board together.”

Senator Blackburn had opened the CRT line of questioning. “You have praised the 1619 Project, which argues the U.S. is a fundamentally racist country. And you have made clear that you believe judges must consider critical race theory when deciding how to sentence criminal defendants. Is it your personal hidden agenda to incorporate critical race theory into our legal system?"

"War Criminals” at Gitmo

Senator Graham pressed Jackson on her work as a public defender representing Guantanamo Bay detainees. “Did you ever accuse in one of your habeas petitions the government of acting as war criminals for holding the detainees?” Graham asked.

“Senator, I don’t remember that accusation, but I will say that what I was doing in the context of the habeas petitions at this very early stage in the process was making allegations to preserve issues on behalf of my clients,” Jackson said. “A habeas petition is like a complaint that lawyers make allegations—”

“I’ve been a lawyer too, but I don’t think it’s necessary to call the government a war criminal in pursuing charges against a terrorist,” Graham responded. “I just think that’s too far. I don’t know why he chose those words. That’s just too far.”

Won’t Say Court Packing Is Bad

A senator asked Jackson whether she agreed with Justice Breyer and Justice Ginsburg that court packing was “a bad idea.” “Sitting Supreme Court justices have spoken on that matter, so I don’t think it’d be inappropriate for you to do so,” the senator noted.

“Respectfully, Senator, other nominees to the Supreme Court have responded as I will, which is that it is a policy question for Congress,” Jackson said. “I am particularly mindful of not speaking to policy issues because I am so committed to staying in my lane.”

Key Takeaways

Cruz confronted Jackson with CRT books from the Georgetown Day School where she served as a board member, including “Anti-Racist Baby” for children ages four to seven.
Jackson said she “didn’t know” if CRT was taught at the school and hadn’t “reviewed any of those books.”
She admitted accusing the U.S. of “acting as war criminals” in Gitmo habeas petitions, saying she was “making allegations to preserve issues.”
Jackson refused to say court packing was a bad idea, calling it “a policy question for Congress” despite sitting justices having spoken against it.
Graham said calling the U.S. government “war criminals” for holding detainees was “too far.”

Transcript Highlights

The following is transcribed from the video audio (unverified — AI-generated from audio).

Anti-Racist Baby says babies are taught to be racist or anti-racist. There is no neutrality. Confess when being racist. This is taught to four-through-seven-year-olds.
Do you agree critical race theory is taught at Georgetown Day School? I don’t know because the board does not control the curriculum.
Did you accuse the government of acting as war criminals? I was making allegations to preserve issues on behalf of my clients.
I don’t think it’s necessary to call the government a war criminal in pursuing charges against a terrorist. That’s too far.
Is court packing a bad idea? It is a policy question for Congress. I’m committed to staying in my lane.
Is it your personal hidden agenda to incorporate critical race theory into our legal system?

Full transcript: 901 words transcribed via Whisper AI.