MSNBC's Chris Hayes mocked for claiming GOP would behave worse if conservatives had smaller SCOTUS majority

Critics reminded Hayes of Democrats' treatment of Justice Brett Kavanaugh during his confirmation hearings

MSNBC's Chris Hayes was mocked Wednesday for claiming Republicans on the Senate Judiciary Committee would be behaving far worse towards Supreme Court nominee Ketanji Brown Jackson if there were a smaller conservative majority on the court than the current 6-3 split.

"Can you *IMAGINE* what they would be doing if this was the fifth seat of a 5-4 majority," the liberal host tweeted, appearing upset over the line of questioning Jackson has faced from Republicans.

Republican senators spent a large portion of their time during the first three days of the confirmation hearings questioning Jackson over her past treatment of sex offenders as a judge, as well as her involvement in the teaching of critical race theory in schools, which The New York Times blasted as "barely coded appeals to racism and clear nods to the fringes of the conservative world."

Political commentator Chris Hayes during an interview on Oct. 13, 2021. (Lloyd Bishop/NBC/NBCU Photo Bank via Getty Images)

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Critics took to social media to mock Hayes, reminding him of how Justice Brett Kavanaugh was treated by Democrats during his 2018 confirmation hearing, when his confirmation to replace longtime swing vote Anthony Kennedy was viewed as cementing a 5-4 conservative majority.

"Brett Kavanaugh was the 5th seat of a 5-4 majority and you all accused him of gang rape based on accusations [that] came from now twice convicted felon Michael Avenatti," wrote digital strategist Greg Price.

MSNBC's Chris Hayes tweet claiming Republican senators would be treating Supreme Court nominee Ketanji Brown Jackson worse if the conservative majority on the court were slimmer (Screenshot/Twitter)

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Several others responded to Hayes' thought experiment with a nod to what Democrats did in the same situation a few years ago. 

"Accusing her of being a rapist?" suggested Tablet's Noam Blum.

Attorney Casey Mattox tweeted, "I was born two years ago. So no, I can’t imagine what someone might do in that circumstance."

"Maybe they'd point to a totally uncorroborated and consistently undermined charge of rape and declare that it is obviously true, and then say she's unqualified because she got upset about [it]," wrote columnist and author Tim Carney.

Supreme Court nominee Ketanji Brown Jackson testifies during her confirmation hearing on Capitol Hill, Wednesday, March 23, 2022. (AP Photo/Alex Brandon)

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Journalist Dan McLaughlin also knocked Hayes, tweeting it was "a hearing that was extremely tame compared to, say, the Alito hearing, let alone Kavanaugh or Thomas," referencing the contentious confirmation hearings of Justices Clarence Thomas and Samuel Alito. 

Thursday marks the fourth day of confirmation hearings for Jackson, who, if confirmed, will be the first Black woman to sit on the Supreme Court. Her confirmation appears likely with Democrats holding a slim majority and none indicating they will vote her down.

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