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Ted Cruz stumps Ketanji Brown Jackson with simple question: ‘Could I decide I was an Asian man?’

March 24, 2022 | | Print Article

After she failed to give the definition of a woman on Tuesday, SCOTUS hopeful Judge Ketanji Brown Jackson was grilled by Senator Ted Cruz (R-TX) on whether or not he could suddenly decide he was an Asian male — and once again, Brown couldn’t come up with a direct answer.

The Senate confirmation hearing of President Joe Biden’s historic and controversial Supreme Court nominee concluded its third day of questioning Wednesday, with many watching from home wondering if the Q&A could get any more surreal.

Cruz opened his questioning of Brown by recalling her Tuesday testimony, during which Sen. Marsha Blackburn (R-TN) asked the Judge, with respect to teaching gender identity to schoolchildren, “Can you provide me with a definition of the word, ‘woman’?”

Brown responded, “Can I provide a definition? I can’t. … Not in this context. I’m not a biologist.”

On Wednesday, Cruz pressed Jackson harder on the issue, stating, “I think you are the only Supreme Court nominee in history who has been unable to answer the question, ‘What is a woman?'” and asking if suddenly deciding to identify as a female is enough to gain Article III standing in a legal case.

Article III requires plaintiffs in Federal court to show that they have a “personal stake” in the outcome of the given case, rather than just an interest or an injury shared with the public in general.

“Let me ask, under the modern Left sensibilities, if I decide right now that I’m a woman, ummm, then, apparently I’m a woman. Does that mean that I would have Article III standing to challenge a gender-based restriction?” he asked.

“Senator, to the extent that you are asking me about who has the ability to bring lawsuits based on gender, those kinds of issues are working their way through the courts and I am not able to comment on them,” Jackson replied.

“If I can change my gender, if I can become a woman, and then an hour later, if I decide that I’m not a woman anymore, I guess I would lose Article III standing — tell me, does that same principle apply to other protective characteristics?” asked Cruz. “For example, I’m a Hispanic man. Could I decide that I’m an Asian man? Would I have the ability to be an Asian man and challenge Harvard discrimination because I made that decision?”

“Senator, I’m not able to answer your question,” Jackson responded. “You’re asking me about hypotheticals and, ummm –”

“Well, I’m asking how you would assess standing if I came in and said I have decided I identify as an Asian man?” Cruz interjected.

“I would assess standing the way I assess other legal issues, which is to listen to the arguments made by the parties, consider the relevant precedence and Constitutional principles involved, and make a determination,” Jackson answered.

Were it the answer to nearly any other question Cruz could have asked Jackson, it would have sounded prudent and wise.

But we are talking about basic, fundamental definitions of identifying characteristics and DNA here, and in that context, Jackson’s claims that she can not answer the question was, to say the least, disturbing to many on social media.

“I’m embarrassed to be living in these times,” wrote one user on Twitter.

“This woman (yes, I call her that, despite not being a biologist) is a complete joke,” tweeted another. “Which is exactly what her dark money patrons want. Another puppet whose strings they hold.”

“So, the crazy gets crazier…” wrote a third, “now, Jackson doesn’t know if Ted Cruz has standing as an Asian man? #TimeToSayNo.”

Melissa Fine
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