The Hill has posted my new essay this morning, in which I explain the direct line from Roy Cohn’s library purges to Ted Cruz’s misuse of schoolbooks to attack Judge Ketanji Brown Jackson.
Here is the gist:
Ted Cruz's new McCarthyism
By Steven Lubet, Opinion Contributor — 03/24/22 08:00 AM EDT 249
It was regrettably predictable that Judge Ketanji Brown Jackson would not get through her testimony before the Senate Judiciary Committee without having to endure a McCarthyist smear from Republicans, and Sen. Ted Cruz (R-Texas) did not disappoint. He took a virtual page from the late Sen. Joe McCarthy’s (R-Wis.) playbook by blaming Jackson for the very existence of library books that he considers politically unacceptable.
For reasons best known to himself, Cruz decided that the first Black woman ever nominated to the U.S. Supreme Court needed to be grilled about what he evidently perceived as a connection to critical race theory — a graduate school discipline lately demonized by Republicans, but that has played no part in Jackson’s jurisprudence or career. As Jackson patiently explained, “I’ve never studied critical race theory. I’ve never used it. It doesn’t come up in the work that I do as a judge.”
To drive his point home, Cruz displayed a stack of books that his staff discovered to be either assigned or recommended at Georgetown Day School. The one he found most “astonishing” was a children’s book by Ibram X. Kendi, “Stamped for Kids,” which is on the “summer reading list” for grades three through five.
Predating Cruz’s critical race discoveries by almost 70 years, Cohn found the American libraries to be “fairly teeming with anti-American, pro-Soviet books written by Communists and fellow travelers.” Meeting with reporters in Frankfurt, for example, he triumphantly displayed “The Maltese Falcon,” by the hard-boiled mystery writer Dashiell Hammett, as “proof that there were indeed Communists represented in the American library.”
To his credit, President Dwight Eisenhower refused to go along. Speaking at the Dartmouth College commencement, he told the graduates, “Don’t join the book burners. Don’t be afraid to go in your library and read every book.”
Somebody on the Senate Judiciary Committee should deliver Ike’s message to Ted Cruz, letting him know that his pitiful rehash of McCarthy’s literary investigations should be relegated to the sorry history where they both belong.
Or perhaps a better-known admonition from the McCarthy era would be even more appropriate. “Have you no sense of decency, sir, at long last? Have you left no sense of decency?
You can read the entire non-paywalled essay here.
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