Cruz: I’m reading your Amendment which I think is very well drafted. One of the things you cite is on July 13th, just a few days ago, 2023, Minnesota Attorney General Keith Ellison disgustingly likened Justice Thomas to a house slave from the film Django Unchained. Are there any of the other nine justices who have been subject to such a racist attack in the last few days from a sitting Democrat in the state of Minnesota who disgustingly has anyone else been subject to those kind of attacks as frequently, as brazenly, and as unapologetically?

Kennedy: it would be unconscionable for this committee not to condemn that kind of rhetoric for Clarence Thomas, Chairman.

Senator Whitehouse: despite Senator Graham’s view of the breadth of this bill and the debate, I consider this to be not relevant to the matter at hand and further, it specifically requests the Biden Administration to inject itself politically into a law enforcement decision that the White Administration, I think quite properly, has avoided getting involved with. So, I urge my colleagues to vote no. Any further discussion on this amendment? If not, are you going to offer a second degree?

Kennedy: how can you not condemn a statement calling Justice Clarence Thomas a house slave? Come on, folks, that’s all this amendment does. I mean, does anybody here support that kind of rhetoric? I don’t, I don’t think you do. And this kind of rhetoric hasn’t been directed toward John Roberts, it hasn’t been directed toward Neil Gorsuch, it’s been directed toward Clarence Thomas, and it’s Un-American, it’s unconscionable, and I can’t believe we wouldn’t condemn it. I don’t care how many lawyers can dance on the head of a pen. Don’t, don’t, don’t, don’t, don’t try to pretend that this is some sort of a technical, uh, mistake in this amendment. It’s not complicated. You don’t have to be a senior Caltech to figure it out. It says all of this stuff about Clarence Thomas, calling him a house slave and other racist disgusting statements, we condemn. Now, you either condemn it or you don’t, and that’s all this amendment does.

Senator Whitehouse: If I may respond, I, for one, do condemn that sort of rhetoric, but the Senator’s Amendment does more than that. It calls upon the Biden Administration to enforce section 1507 from Title 18 of the United States Code to protect Supreme Court Justices, including Justice Thomas, in later flagrant violations of the law designed to intimidate justices. We’ve spent a lot of time in this committee trying to make sure that the White House and the political side of the executive branch is kept out of internal Department of Justice law enforcement decisions, and in the light of that, I again ask my colleagues to vote no unless there’s a second degree amendment that clears that problem.

Kennedy: Mr. Chairman, I respect my colleague, Senator Whitehouse, and he’s better at me counting the number of lawyers that can dance on the head of a pen, but this is a real simple Amendment. If you support the racist things that have been said about Clarence Thomas, then vote against this amendment. If you think the things that have been said about Clarence Thomas are racist to the marrow and you condemn them, then vote for this amendment.

Senator Cruz: Mr. Chairman, two arguments have been proffered against Senator Kennedy’s Amendment. The first argument is, well, gosh, maybe there have been racist things said against other justices. I will point out objectively the venom and bigotry directed at Clarence Thomas is qualitatively different from any of the other eight justices. This resolution gives multiple instances of elected Democrats currently in office launching racial epithets with complete impunity. The second argument given was the argument given by Senator Whitehouse, and he says, well, the part that is offensive of this is it calls on the Department of Justice to enforce the law. Just stop and repeat that to yourself again. So, it is now the position of Democrats that it is unacceptable to ask the Department of Justice to enforce the law.

Senator Chris: Would you yield a question?

Kennedy: Happily. Would you read one more time for the record that statement about Justice Thomas and who made it?

Cruz: On July 13, 2023, Minnesota Attorney General Keith Ellison, the currently sitting Attorney General, offensively likened Injustice Thomas to a house slave from the film Django Unchained.

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Minnesota AG Keith Ellison calling Justice Thomas to a house slave, Amendment passed Kennedy & Cruz