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De Omnibus Dubitandum - Lux Veritas

Tuesday, March 22, 2022

Biden Court Pick Ketanji Brown Jackson. Not Looking Good Update!

Diversity without accomplishment is philosophy without form and incompetence without consequence. 

By Rich Kozlovich 

Update:  This appeared today, 4/1/22, on American Thinker, and should add more shock to this judges rulings:   Who will vote to confirm Ketanji Brown Jackson and why?

 

Originally published on March 18th, however, I've added more links to this story and comments of my own.  I will keep updating this as a log for reference. Also, the number of links in this article is getting out of hand, so, I've reorganized the links by topic, starting with Overview and Qualifications and then the rest are listed alphabetically:  

Abortion, Child Porn, Democrat Corruption, Democrat treatment versus Republican Treatment, Gender, Media Corruption, Immigration, Judicial Activism, Media Corruption, Racism-Marxism-CRT, Terrorists.  Finally at the end:  The Conclusion!

On February 27th I posted my commentary, The Federal Judiciary is Not About the Rule of Law saying:

For weeks I've been watching these YouTube hearings on Biden's nominees to the judiciary, and other positions.  One thing, and one thing only seems clear from their answers:  They must have all gone to the same school of clabber as they started all their answers with "Senator, Thank you for that question", and then failed to answer it.  

It amazes me the people that are being chosen by Biden ...or whomever.... since they're are so stunningly unqualified it's almost as if they have a conservative spy in their midst finding and trying to appoint the most distasteful people to important positions, especially to the federal judiciary, in order to expose who and what the left is, and what they want. 

Editor's Note:  Now we know who is responsible for these picks.  Look for the answer under the topic, Dark Money. RK

Now this SCOTUS nominee, who Biden thinks is a "top flight legal mind", and who Paul Ryan is so thrilled about because she's so "obviously qualified"....... is coming under scrutiny...... and she's not looking good.  Will she be confirmed?  

As of right now, a substantial majority of Democrats support her nomination, a little over 20% of Independents support her, and there's a poll showing (I have no confidence in polls) 29% of Republicans say she should be confirmed. There's a reason the Republican party is called the Stupid Party.  But what I find interesting is 75% of Americans don't like the idea of Biden choosing someone simply because of their gender or race. 

If all this is true, it makes you wonder at the cause of such cognitive dissonance in the American mind, let's explore this whole story and the difference of reprehensible abuse and treatment Democrats heaped on Brett Kavanaugh and Amy Coney Barrett, versus the tough questions on judicial philosophy, public policy and law the Republicans are taking. 

Let's try and get this....just once.... please.  Conservatives don't care that this nominee is a woman or that she's black.  Conservatives don't care about the gender, race, or ethnic origin.  There's not a conservative I know that doesn't think Justice Thomas is one of the truly extraordinary jurists of SCOTUS history.  This identity qualification clabber being imposed on the nation is racist. Racism falls under the purview of America's historical party of racism.  Democrats, and nothing has changed.

Conservatives only care if they believe in the rule of law, and that the Constitution is what is says, not what they think it should say.  If this nominee filled those requirements, she would have had no issues with the Republicans on that committee, but make no mistake: If she was an honorable jurist and filled those requirements, she wouldn't have been nominated.  That has been the pattern of each and every one of Biden's picks for every job in his administration and the judiciary.   Why should be we think it's any different now?  Answer?  We shouldn't.

Overview and Qualifications 

Jackson is not highly regarded as a judge. Inquiries I have made recently of folks knowledgeable about her work confirm that she continues to have a middling reputation. This criticism, I’ll emphasize, is on grounds of quality, not ideology. Indeed, she is not regarded as ranking high among the ten or so district judges that President Obama appointed to the federal district bench in D.C. . . .Jackson has a striking record of reversals by the D.C. Circuit—including by liberal judges—in her high-profile rulings:.........The D.C. Circuit reversed Judge Jackson. All three judges on the panel agreed that she got things very wrong. They differed only on which error required vacating her injunction.........

There is a good chance, then, that Judge Jackson is an affirmative action nominee for the D.C. Circuit. In other words, she was selected because of her race, which trumped her mediocre record.............it’s unsettling to think that the quality of the appellate bench — especially that of the all-important D.C. Circuit — might be diluted in the name of diversity..........


Harris: Judge Ketanji Brown Jackson ‘Understands the Experience of Real People’ - Pam Key
 
Grassley: White House Covering Up 48,000 Documents on SCOTUS Nominee Ketanji Brown Jackson (VIDEO) - By Cristina Laila March 21, 2022 - Senate confirmation hearings for Biden’s Supreme Court nominee Ketanji Brown Jackson began Monday morning.Senate Judiciary ranking member Chuck Grassley (R-IA) on Monday revealed the White House is covering up 48,000 documents on Ketanji Brown Jackson....
 
Exclusive—Alan Dershowitz: My Encounter with Ketanji Brown Jackson at Harvard in 1991Alan M. DershowitzWhen Ketanji Brown Jackson was at Harvard 30 years ago, a white student whose family had supported the Confederacy despite their opposition to slavery, decided to fly a Confederate flag from her dorm window. She said her motivation was to stimulate a conversation about the complexity of the Confederacy. As you can imagine, her action stimulated outrage among many students of all races and ethnicities. One African American student responded to the Confederate flag by flying a Nazi flag from her dorm window—not to show support for Nazism but to make students whose families were victimized by Nazis better understand why the descendants of slaves react so strongly to the flag that symbolizes their enslavement. I hope Judge Ketanji Brown Jackson will be questioned about her general views regarding the centrality of the First Amendment to our constitutional system............ 
 
With Friends Like These…—On Conservative Supporters of KBJ - By - I therefore find it baffling that some conservatives—including folks I like and admire—have urged Senate Republicans to vote for Ketanji Brown Jackson’s nomination on the basis (as one group letter* puts it) of “her breadth of experience, demonstrated ability, and personal attributes of intellect and character” and to set aside their “disagree[ments] with many of Judge Jackson’s legal views.”............. 
 
Blackburn: Jackson Is to Ginsburg’s Left on Gender, Won’t Oppose Court-Packing Like Ginsburg Did - Ian Hanchett 23 Mar 2022 - On Wednesday’s broadcast of the Fox News Channel’s “America Reports,” Sen. Marsha Blackburn (R-TN) argued that “everything is so woke” that Supreme Court nominee Judge Ketanji Brown Jackson is to the left of former Justice Ruth Bader Ginsburg on gender because Justice Ginsburg argued that “Physical differences between men and women…are enduring” and cited a prior ruling that “the two sexes are not fungible” and that Jackson won’t state her opposition to court-packing like Ginsburg did.  Blackburn said Jackson’s answer on the definition of a woman “shows you how politicized this process has become and how the left-wing dark money groups are feeding into this to the point that everything is so woke, she will not even give me the definition of the word ‘woman.'”......

Pollak: Ketanji Brown Jackson Proves Conservatives Have Won the Legal ArgumentJoel B. Pollak 24 Mar 2022 - Judge Ketanji Brown Jackson had trouble defending her sentencing record in child pornography cases during her Senate confirmation hearings this week. She also evaded questions about her judicial philosophy, insisting that she had a judicial “methodology” instead.  Curiously, however, Judge Jackson seemed to identify herself as a judicial “originalist,” criticizing “judicial activism” and claiming that she did not even know what the left-wing view of a “living Constitution” meant........

“I believe that the Constitution is fixed in its meaning,” Jackson said. “I believe that it is appropriate to look at the original intent, original public meaning of the words when one is trying to assess [a constitutional provision] because, again, that is a limitation on my authority to import my own policy views.”.......

What Cornyn discovered next, though, revealed that Judge Jackson is not an “originalist” at all............. Judge Jackson is pretending to be a originalist because conservatives have won the argument over legal philosophy, and because the public will reject a judge who admits pursuing what Judge Jackson once called “personal hidden agendas.”........
 
Fr. Frank Pavone, national director of Priests for Life, told Breitbart News that President Biden’s Supreme Court nominee Ketanji Brown Jackson “cannot even see that partial birth abortion is wrong” and asserted that the Democrat Party has become an “arm of the abortion industry,” despite the fact that most Americans oppose such extremism.........
Senator Kennedy Stumps Supreme Court Nominee with One Question
  As for whether or not she supports abortion: If she didn't she wouldn't have been nominated. 
 
40 Pro-Life Leaders Expose Biden Supreme Court Justice Nominee Ketanji Brown Jackson’s ‘Pro-Abortion Extremism’A coalition of nearly 40 national pro-life leaders sent a letter to the chairs of the U.S. Senate Judiciary Committee Monday specifying the radical pro-abortion record of Biden Supreme Court nominee Ketanji Brown Jackson.  Led by the Susan B. Anthony List (SBA List), the coalition’s letter was addressed to the committee’s chairman, Sen. Dick Durbin (D-IL), and ranking member Sen. Chuck Grassley (R-IA) as confirmation hearings began for Jackson, who was chosen by Biden following the announcement of his commitment to nominate a black woman to the nation’s highest court. The letter explains how the Supreme Court’s 1973 decision in Roe v. Wade has been harmful to the fabric of the country.............

Democrat Treatment Versus Republican Treatment

Let's start with: “You stop for a moment and you see the exchanges that we have seen so far and the way the day has gone so far for this nominee, and you are reminded what, you know, Brett Kavanaugh went through, Amy Coney Barrett, and the stark difference in the way that the nominee is being questioned by in this case Republicans of the nominee.”  “There’s no question there is a huge difference in tone and tenor. She has not been asked even whether she drinks beer, let alone what beer she drinks”.

 Political Cartoons by Bob Gorrell

The lady should answer a few questions - By Silvio Canto, Jr. March 22, 2022 - Don't expect anyone to appear out of the blue with a story about what Judge Ketanji Brown Jackson did when she was 17 or some crazy college parties that she went to.    Do expect some serious questions about her judicial philosophy or her attitudes about the U.S. Constitution. I found this analysis from Kristan Hawkins, president of Students for Life of America to be on target:..........

How Is ‘Boofed’ Pronounced? And Other Vital Questions Ketanji Brown Jackson Must Answer - I & I Editorial Board March 22, 2022  - By all evidence, Ketanji Brown Jackson’s nomination to the Supreme Court will be a shoo-in. Not because she’s supremely qualified, but because her nomination — as the press reminds us in every headline — is “historic.”......Nevertheless, if Democrats want to at least give the appearance of fairness, they should ask Jackson the same questions they asked the last two Republican nominees to the court ...........Questions such as these (which are taken directly from previous Supreme Court nomination hearing transcripts):...........

Gender

Jackson says she can't define what a woman is at confirmation hearing - by Kate Scanlon, Political Reporter March 22, 2022 - Judge Ketanji Brown Jackson, President Joe Biden's nominee to the Supreme Court, said during her confirmation hearing Tuesday that she could not define the term "woman."  Senator Blackburn: "Can you provide a definition for the word woman?" Judge Jackson: "No. I can't...I'm not a biologist."......To Read More....

Judge Brown Jackson Tore Down One of the Progressive Left's Major Dogmas - Larry O'Connor  Mar 23, 2022 - I think it's fair to say none of us saw this one coming... certainly not Judge Ketanji Brown Jackson..........Senator Marsha Blackburn (R-TN) asked the good judge to perform the simple task that most pre-schoolers can accomplish. The exchange reflects a level of intellectual stupidity that only can be attained at America's leading graduate schools... in this case, Harvard.   Blackburn asked, "Can you provide a definition for the word woman?" Jackson responded, "No. I can't...I'm not a biologist." ........How is this relevant in a SCOTUS confirmation hearing?   Oh, I don't know... maybe it's possible that at some point in the not-too-distant future, the court will have to make a determination about Title IX protections for women's sports............
  •  The Freeport Question of Our Time - The “Freeport Question” refers to Abraham Lincoln’s devastating question posed to Stephen Douglas in his second debate against Douglas on August 27, 1858, held in Freeport, Illinois. The question was seemingly simple: “Can the people of a Territory in any lawful way, against the wishes of any citizen of the United States, exclude slavery from their limits prior to the formation of a State constitution?” Douglas’s answer split the Democratic Party in half.......Today’s Freeport Question—the question that has the potential to split the Democratic Party off from a majority of voters—is: what is a woman?
Watch – Ted Cruz: Can I Decide ‘I Am a Woman’ and Sue, Then Change My Mind?Wendell Husebø  23 Mar 2022 -  Sen. Ted Cruz (D-TX) questioned Ketanji Brown Jackson on Wednesday during her Senate confirmation hearing if a plaintiff could alter his or her gender or race and continue to hold legal standing during a lawsuit involving race or gender.  “Yesterday, under questioning from Senator Blackburn you told her that you cannot define what a woman is — that you are not a biologist, which I think, you are the only Supreme Court nominee in history who has been unable to answer the question — what is a woman.” Cruz prefaced.........“Under the modern, leftist sensibilities, if I decide right now that I am a woman, then, apparently, I am a woman, does that mean I would have article three standing to challenge a gender-based restriction?” Cruz asked. Jackson refused to answer the question. “Those kinds of issues are working their way through the courts, and I am not able to comment on them,” she claimed........
 
USA Today's Op-Ed About Judge Jackson and What Defines a Woman Is Outright Insane -
Matt Vespa Mar 25, 2022 -   When did this happen? When did science cease to become absorbed into the minds of liberals? By default, they’re idiots, but this is different. This is now a mental defect that prevents them from determining things that are grounded; things that are true on its face. Supreme Court nominee Judge Ketanji Brown Jackson had difficulty defining what is a woman. She wouldn’t say. Her answer was that she’s not a biologist. So, she doesn’t know herself? Is her daughter a female? C’mon, judge. You know the answer. Yet, this is ‘woke’ America. It’s the supplantation of facts for feelings. This is snowflake syndrome but in its second phase of evolution—and it’s horrifying....

My Take - One of my 200 Rules is:  Definition leads to clarity.  Clarity leads to understanding.  Understanding leads to good decision making.   More and more writers keep asking: If you can't define something how can you possibly rule on it?  One writer asked it she really is the "first" black woman to be nominated to the court?  After all, if "woman" is indefinable, perhaps "black" is also indefinable. Since the left now demands we can self identify to whatever we wish to be, and society "MUST" accept that, perhaps she's not black or a woman?  How's this.  Not only can someone self identify, everyone else can identify them as they please, and they "MUST" accept that?  

The first black woman...or is she? March 24, 2022 Even she, if she is a she, cannot explain why she's a she. And the gobbledygook is, in her mind, a reasonable response ..........does she have a definition for "black"?.........The SCOTUS is not a jobs program for political activists.  Let her go work for one of George Soros' businesses if that's her goal.......She is historic in one sense — that of giving the stupidest answer ever to a simple question...... More

When we lose sight of the basics there's no end to the insanity.  

The left destroys us with our own values, and for the left, there are no boundaries, barriers or foundational values to which they subscribe.  They use every emotional tactic possible and lie, making accusations they know are false.  They will embrace the philosophical flavor of the moment with great enthusiasm and self righteous fervor, until that no longer works, and then embrace a view that's diametrically opposed to their previous position with equal fervor if needs be to get and hold power.   

The left isn't wrong, it's evil!  Anyone picked to be a part of the federal judiciary by the Biden administration supports all their evil, or they wouldn't have been nominated, and they share in that evil.   

President Joe Biden’s nominee to replace Justice Stephen Breyer on the Supreme Court, Judge Ketanji Brown Jackson, apparently refuses to use the term “illegal alien” in her court opinions, opting instead for “noncitizen.” In a handful of immigration-related cases that Jackson has ruled on U.S. District Court for the District of Columbia, she has made a note to employ the term “noncitizen” or “undocumented non-citizens” rather than the terms “alien” or “illegal aliens” that are regularly used in court and in federal statutes. For instance, in Make the Road New York v. McAleenan, Jackson wrote a footnote in her ruling stating:.........

   "To my mind, he's also like the liberal's purported view of American history—irredeemably evil," Jackson wrote of Feder, whose column also attacked black civic leaders such as Louis Farrakhan. The judge disclosed the letter in a questionnaire for the Senate Judiciary Committee.  Law clerks seldom share political opinions in a public forum during their terms..........To Read More....

Ketanji Brown Jackson Accused of Judicial ‘Activism’ for Halting Deportations of Illegal AliensJohn Binder - President Joe Biden’s nominee to replace Justice Stephen Breyer on the Supreme Court, Judge Ketanji Brown Jackson, was accused of judicial “activism” for a ruling where she halted quick deportations for newly arrived illegal aliens despite federal law............. Jackson issued a preliminary injunction to halt the policy on the grounds that the administration violated the Administrative Procedure Act (APA) and did not sufficiently weigh the impact that the policy would have on illegal aliens.  “That, to me, is exhibit A of activism,” Graham said. “… you’re not convincing me that it is anything other than activism.”.......

Judicial Activism 

 Cruz Challenges Left-Wing SCOTUS Nominee: 'Will You Protect Freedom or Restrict It?' - Michael W. Chapman | March 21, 2022 - In his opening statement about Supreme Court nominee Ketanji Brown Jackson before the Senate Judiciary Committee today, Sen. Ted Cruz (R-Texas) indirectly alluded to her long history of  left-wing judicial advocacy by raising questions about abortion, gun rights, religious liberty and free speech.

Bushrod League - March 21, 2022 — Steven Hayward The confirmation hearings for Judge Ketanji Brown Jackson are off to a predictable start, with Sen. Ted Cruz mentioning the forgotten late 18th-century Justice Bushrod Washington, who was confirmed to the Supreme Court in 24 hours, provoking a spasm from the left, which may have been Cruz’s intent. Gillian Brockwell, a staff writer for the Washington Post‘s “history blog,” found this all too much to take: Ted Cruz told Ketanji..............

 Ketanji Brown Jackson College Thesis Argued Judges Have ‘Personal Hidden Agendas’ - Sean Moran -  Supreme Court Justice nominee Ketanji Brown Jackson’s 1992 Harvard University thesis argued that court officials, including judges, have “personal hidden agendas,” which may raise questions about her alleged tendency to be soft on criminals as a federal district court judge. Jackson’s thesis, “‘The Hand of Oppression”: Plea Bargaining Processes and the Coercion of Criminal Defendants,” argued that defendants sometimes are “being coerced into relinquishing their constitutional rights as a prerequisite for sentencing consideration” through the use of plea bargains. Jackson wrote:...........Jackson’s argument that court officials have “personal hidden agendas” regarding plea bargains raises questions about her time as a federal district court judge, as many Republicans have accused her of being soft on criminals........

Judge Ketanji Brown Jackson Caught in Contradiction over Judicial Activism - Joel B. Pollak Cornyn began in disarming fashion, telling the judge that he planned to “nerd out” with her over obscure matters in legal doctrine. Often, Senators use such discussions to preen about their own supposed legal expertise on national television.  This time was different. Cornyn asked Judge Jackson about the Supreme Court’s past decisions on gay marriage, when it discovered a right that was not explicitly written into the Constitution, and superseded dozens of state laws, for and against.........

Sen. Graham Shows Judge Jackson How Her Ruling Flouted Congress’ ‘Sole and Unreviewable Discretion’ Proviso - Craig Bannister March 23, 2022 - At Wednesday’s Senate confirmation hearing of Supreme Court nominee Judge Ketanji Brown Jackson, Senator Lindsey Graham (R-SC) reminded Judge Brown of one of her rulings that was overturned because a higher court determined that she ignored the crystal-clear intent of a statue. In a case regarding the administration’s authority to employ expedited removal of illegal aliens, Judge Brown’s ruling ignored a statute’s declaration that the U.S. Attorney General has “sole and unreviewable discretion” in the matter, Sen. Graham explained:.........“So, this is an example to me, and you may not agree, where the plain language of the statute was completely ignored by you. You reached a conclusion because you disagreed with the Trump Administration.”.............

Media Corruption
 
That’s Racist: The Morons On The View Hype Ketanji Brown Jackson - Derek Hunter Mar 22, 2022 - Ketanji Brown Jackson is the smartest woman in the world. That’s not a controversial statement, it’s science…or something. At least according to the morons who make up The View. The View was always dumb, but at least when Barbara Walters started it she brought some semblance of intelligence and reality to it.  If she were dead now, the current show would have her rolling over in her grave. But Walters isn’t dead, she’s just retired. Hammering checks – mailbox money – from the idiot factory she started. And everyone who watches it is getting dumber every single day.................the idiots who now make up the goon squad over on The View believe that because of that skin color, Judge Jackson is the brightest legal mind the world has ever known…or something.......Goldberg, who once insisted Jill Biden should be Surgeon General because she’s such an amazing doctor, only to discover Jill has an Ed.D. and is no way qualified to put on a Band-Aid, let alone offer medical advice, continued, “Her abilities are outstanding. I mean, she's outstanding. So, you put in Amy Coney Barrett, you put in the other one, you know, and you're questioning her?”.......... Hosts of The View don’t know much of anything, they simply bark out what they’re told by producers and the Democrat establishment like good dogs.................. 
Racism, Marxism and CRT 
 
Biden SCOTUS Nomination Fueled by Statistical Ignorance - By Hans Bader | March 18, 2022 - President Biden has nominated Judge Ketanji Brown Jackson to the Supreme Court, following through on his campaign vow to name a black woman. Three-quarters of Americans disagreed with Biden's decision to consider only black women for the Supreme Court vacancy; in an ABC news poll, they wanted Joe Biden to consider "all possible nominees," regardless of their race or gender. Progressives support this race-based appointment based on the assumption that blacks are underrepresented on the Supreme Court. But Jackson's confirmation would make the Supreme Court 22% black, even though America is only 12%-13% black, and the legal profession is less than 5% black. One of the nine Supreme Court justices is already black (Clarence Thomas); Jackson will be the second. Two out of nine justices is 22%, well above the percentage of Americans who are black................ 
 
 Confirmation Hearing Flares Up As Questions Raised on Jackson’s View of Critical Race Theory - By Mark Tapscott March 22, 2022 - Judge Ketanji Brown Jackson, President Joe Biden’s Supreme Court nominee, attended Harvard Law School at the same time as Sen. Ted Cruz (R-Texas) and the two had, he said, a “very friendly and cordial” relationship despite their conflicting views. “You and I had a very positive and productive meeting in my office,” Cruz also noted at the outset of what became one of the most intense question-and-answer sessions on the second day of Jackson’s confirmation hearing before the Senate Judicial Committee.   At issue was Jackson’s understanding of and apparent enthusiasm for Critical Race Theory (CRT), the view that America is an inherently and irredeemably racist society, and the New York Times’ controversial “1619 Project” that is based on CRT.  The Times project claims the American colonists declared independence primarily to protect the institution of slavery..........
 
Pollak: We Cannot Have a Supreme Court Justice Who Thinks Constitution Is Racist - Joel B. Pollak Judge Ketanji Brown Jackson is an admirer of Critical Race Theory, the “1619 Project,” and Black Lives Matter, all of which hold beliefs about the United States and its laws that make it impossible for her to serve in good faith on the Supreme Court.  Her beliefs were revealed in a recently unearthed lecture delivered to the University of Michigan Law School — not as a young student, but as a sitting federal judge in 2020, confirmed a year later to the U.S. Court of Appeals for the D.C. Circuit. Somehow Judge Jackson’s radical beliefs escaped close scrutiny in previous confirmations, but the Supreme Court defines the central principles of our republic, and its nominees invariably receive more careful attention, and quite deservedly so.  Moreover, Judge Jackson is the first Supreme Court nominee to be selected explicitly because of her race and gender. President Joe Biden declared that his first nominee would be a black woman, thereby invoking the kind of discrimination that the Supreme Court itself has said is unconstitutional.........
 
SCOTUS Nominee Ketanji Brown Jackson Inspired by Critical Race Theory, ‘1619 Project’, Black Lives Matter Protest - Joel B. Pollak - Judge Ketanji Brown Jackson, who is President Joe Biden’s nominee for the Supreme Court seat being vacated by retiring Justice Stephen Breyer, cited Critical Race Theory founder Derrick Bell and the controversial “1619 Project” as inspirations in 2020.....
 
Pre K-12 School Where Judge Jackson Sits on Board Pushes Cultural Marxism on Kids - Emma-Jo Morris
Terrorists
 

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