But to Mark Victor Tushnet, a Harvard law professor who clerked for Justice Marshall, the attacks against Judge Jackson have been far less veiled than those against Justice Marshall.
“Dog whistles are supposed to be things that you can’t hear but that you receive in the subconscious,” Mr. Tushnet said. “This is all quite open.”
Few claims could be as incendiary as the assertion that Judge Jackson had been lenient on the sentencing of people found guilty of consuming or distributing child sexual abuse imagery.
Even an opponent of the judge’s confirmation, writing in the conservative National Review, dismissed the accusation as “meritless to the point of demagoguery.”
But conservative senators were determined. On Tuesday evening, Mr. Hawley dug into one case that came before Judge Jackson involving an 18-year-old. The senator tallied the sex acts, violence and abuse portrayed in dozens of videos and images found on the man’s computer. The prosecutor asked for a two-year sentence; Judge Jackson gave him three months.
“He’s got images the government said added up to over 600 images, gobs of video footage of these children, but you say this does not signal a heinous or egregious child pornography offense?” Mr. Hawley asked incredulously. “Help me understand that — what word would you use?”
Judge Jackson responded with some exasperation as she listed the factors a judge must consider in such cases, including the guidelines, a defendant’s age and the harm to the victims. “Sentencing is a discretionary act of a judge, but it’s not a numbers game,” she said.