In the week since Biden Supreme Court nominee Judge Ketanji Brown Jackson was questioned about her pattern of reduced sentencing in grisly child pornography cases, two narratives have developed.

The first view holds that the question of sentencing, and the implication that Judge Jackson is soft on child pornography offenders, is “disingenuous,”  “a smear,” and “meritless to the point of demagoguery.” According to this narrative, such claims distort the rate at which judges routinely depart from the sentencing guidelines and do not distinguish the harm between the production of child pornography and mere possession of it. …

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