Critical race theory (CRT) has been a source of continual political conflict, so it was little surprise that it made an appearance during Judge Ketanji Brown Jackson’s Supreme Court nomination hearings.

A Fox News headline blared, “Ketanji Brown Jackson serves on board of school that promotes critical race theory.” The school in question? The private Georgetown Day School (GDS), where Judge Jackson has served since 2019.

In Jackson’s confirmation hearing, Sen. Ted Cruz (R‑TX) brought up books in GDS’ curriculum such as Antiracist Baby, by Ibram X. Kendi, and asked Jackson if she supported the school’s progressive curriculum and CRT.

Jackson’s reply captured the key difference between school choice and public schooling: “every parent who joins the community does so willingly [emphasis added] with an understanding that they’re joining a community that is designed to make sure that every child is valued, every child is treated as having inherent worth and none are discriminated against because of race.”

Regardless of CRT’s merits, Judge Jackson captured the essence of school choice: free assent.

Every parent who enrolls their child at GDS makes that decision voluntarily, knowing what kind of education their child will receive. Parents who disagree can freely choose to take their child elsewhere. This is in stark contrast to public schools – or Supreme Court nominations, for that matter – in which people with different values must go to political war with each other to get what they want.

Our education system should be grounded in freedom, which starts with money following children through school choice programs.