Ted Cruz's example of a non-'controversial' Supreme Court nominee was a controversial slaveholder

Sen. Ted Cruz (R-Texas) began his opening statement at Monday's Supreme Court confirmation hearing for Judge Ketanji Brown Jackson by telling Jackson and the cameras that "Supreme Court confirmations weren't always controversial." In fact, he said, "Bushrod Washington, when nominated to the Supreme Court in 1798, was confirmed the very next day."
It is true that Washington, a favorite nephew of George Washington, was confirmed by voice vote one day after his nomination by President John Adams, The Washington Post reports. But "Washington was neither the first nor the last to be confirmed that quickly" — about 10 Supreme Court justices were confirmed the same day they were nominated — and "he was definitely controversial, largely because of his actions as an enslaver."
For one thing, Washington brought enslaved African Americans back to Mt. Vernon after he inherited the Washington estate in 1802, upon the death of Martha Washington, who had freed the remaining slaves. That wasn't overly controversial in the Senate itself, where more than half the 31 senators at the time were also slaveholders, the Post reports. But when he sold 54 of those enslaved people for $10,000 to pay off his debts, and they were marched in chains to Louisiana, newspapers called his actions "excessively revolting."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Washington also co-founded the American Colonization Society in 1812, working to send the growing ranks of free Black Americans to Africa, a place almost none of them had ever been. When abolitionists and Black people fought against this movement, Washington complained about "unworthy persons" speaking "with my negroes, and to impress upon their minds the belief that as the nephew of General Washington, or as president of the Colonization Society, or for other reasons, I could not hold them in bondage," the Post reports, citing a 1980 paper in the Supreme Court Historical Society.
"So that is who Cruz mentioned in his speech Monday," Gillian Brockell writes at the Post. "For all intents and purposes, it was a throwaway line meant only to introduce Cruz's real historical point: what had changed from those halcyon, uncontroversial days." But his explanation of what changed raised its own set of questions. Read more at The Washington Post.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Today's political cartoons - March 27, 2025
Cartoons Thursday's cartoons - group chats, language lessons, and more
By The Week US Published
-
Playhouse Creatures: 'dream-like' play is 'lively, funny and sharp-witted'
Anna Chancellor offers a 'glinting performance' alongside a 'strong' supporting cast
By The Week UK Published
-
The CIA Book Club: 'entertaining and vivid' book explores a huge Cold War secret
The Week Recommends 'Gripping' narrative explores a covert smuggling operation across the Iron Curtain
By The Week UK Published
-
Israel detains director after West Bank settler clash
speed read The director of Oscar-winning documentary 'No Other Land' was arrested and beaten
By Rafi Schwartz, The Week US Published
-
Turkey arrests Istanbul mayor, a top Erdogan rival
Speed Read Protests erupted in Turkey after authorities detained Istanbul Mayor Ekrem Imamoglu
By Peter Weber, The Week US Published
-
Israel strikes Gaza, breaking ceasefire
Speed Read 326 Palestinians were killed in the first major attack since Netanyahu's government signed a ceasefire agreement with Hamas
By Peter Weber, The Week US Published
-
The arrest of the Philippines' former president leaves the country's drug war in disarray
In the Spotlight Rodrigo Duterte was arrested by the ICC earlier this month
By Justin Klawans, The Week US Published
-
Houthis vow retaliation amid US airstrikes
Speed Read Trump promises the US will use 'overwhelming lethal force' against the Houthis until they stop attacking Red Sea ships
By Peter Weber, The Week US Published
-
Pakistan train hostage standoff ends in bloodshed
Speed Read Pakistan's military stormed a train hijacked by separatist militants, killing 33 attackers and rescuing hundreds of hostages
By Peter Weber, The Week US Published
-
Ukrainian election: who could replace Zelenskyy?
The Explainer Donald Trump's 'dictator' jibe raises pressure on Ukraine to the polls while the country is under martial law
By Sorcha Bradley, The Week UK Published
-
Why Serbian protesters set off smoke bombs in parliament
THE EXPLAINER Ongoing anti-corruption protests erupted into full view this week as Serbian protesters threw the country's legislature into chaos
By Rafi Schwartz, The Week US Published