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The U.S. Senate Confirms Historical Appointment To U.S. Supreme Court With Lingering Unanswered Questions

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The U.S. Senate confirmed President Biden’s U.S. Supreme Court nominee Judge Kentaji Brown Jackson, which is an historical moment. Judge Jackson is the first black female judge to sit on the highest court with a lifetime tenure.  

But, there are still lingering unanswered questions.  

  1. How does an appellate female judge with nearly ten years of judicial experience get nominated to the U.S. Supreme Court when she claims not to be able to answer, “What is the definition of a woman?,” and answers with a straight face, “I’m not a biologist” in the era of transgender sports and Title IX debates?
  2. How does the same Supreme Court nominee claim to have no judicial philosophy after 10 years on the bench?
  3. How does the same 51-year-old woman, a Harvard College and Harvard Law School graduate, admit that she has no substantive knowledge of the percentage of crimes annually unsolved when she has presided over criminal cases of sex assault and child porn possession and served on the Sentencing Commission and reflected upon pedophilia criminal policy while in law school?
  4. How does a woman whose nomination is of such historical significance reflexively claim she has no opinion about whether the Supreme Court should be expanded? Why would she not have given that some thought when the discussion of court expansion is a hot topic? 

Perhaps those who supported Judge Jackson reveal the answers that she refused to answer about her judicial philosophy, “packing the court,” and progressive ideas. 

The New York Times reported that in 1996 after Judge Jackson graduated from law school, she attended a wedding in Chicago, and asked then attorney Barack Obama to have her picture taken with him, which she later placed in her office. 

Does not mean that she is an “Obama Judge?” Not necessarily. It could be that she is an Obama fan because he was the first black Editor of the Harvard Law Review. President Obama graduated from Harvard Law before Judge Jackson. 

But, then there is Demand Justice, a group founded in 2018, who has supported Judge Jackson’s U.S. Supreme Court nomination. 

Brian Fallon, the Co-Founder and Executive Director of Demand Justice praised the judge. 

Judge Jackson would be an “emblematic choice for Biden’s new approach to prioritizing public interest lawyers for judicial vacancies,” said Fallon. “I’d expect her to be the lead candidate for a Supreme Court vacancy in the event that Justice Breyer retires. And we’d be fully supportive of her in both scenarios.”

Demand Justice’s website transparently highlights its progressive goals.

“The Supreme Court is dominated by a 6-3 Republican supermajority that is consistently ruling in favor of corporate and partisan interests. Our federal and state courts are dominated by former prosecutors and corporate lawyers, and Congress’ failure to adapt the courts to a growing population means Americans can wait years to vindicate their rights in court. Demand Justice is working to restore balance to the courts by reforming the Supreme Court, expanding the circuit and district courts, and championing new judges with experience as public defenders, civil rights lawyers, legal aid lawyers, and labor lawyers who represent working people,” states their website. 

“Demand Justice first endorsed Supreme Court expansion in 2018 and called for a freeze on the appointment of corporate lawyers to the federal bench in August of 2019,” reads Demand Justice’s website. 

By August 2019, Demand Justice Co-Founders wrote out their Call to Action in the Atlantic.

Brian Fallon worked in the Public Affairs office at the Department of Justice during the Obama administration, and before that for Senator Chuck Schumer (D-NY). During Hilary Clinton’s 2016 presidential campaign, Fallon served as the National Press Secretary. 

Buried in a 2019 Atlantic column, authored by Demand Justice Co-Founders, Brian Fallon, Christopher Kang also gives some insight.

Kang is a former aide to Senate Democratic Whip Richard Durbin, who presided over the U.S. Senate Judiciary Committee’s U.S. Supreme Court Jackson’s nomination hearings. Kang served as the Deputy White House Counsel during the Obama administration.

Defend Justice has endorsed several lawyers and judges on its site from Michelle Alexander, Author of The New Jim Crow, Mass Incarceration in the Age of Colorblindness, who is a Founding Director of the Racial Justice Project at ACLU of Northern California.

They recommend Xavier Becerra, the current Secretary of U.S Dept. of Health and Human Services, who oversees NIH, NIAID, FDA, CDC, which handled the colossal failure of the covid response during the Biden administration for mandated vaccinations for adults and children. 

Becerra’s appointment to HHS was early in the Biden administration, seemingly curious because he is the former Attorney General of California – not a physician or public health official. California is a state which has a plethora of evidence of the state medical boards intimidating and going after physicians’ licenses who write medical exemptions. 

Other Defend Justice judicial recommendations for the U.S. Supreme Court include:

Nicole Berner, the General Counsel for Service Employees International Union (SEIU), and a former attorney for Planned Parenthood Federation of America, Elise Boddie, a Henry Rutgers Professor, and Judge Robert  L. Carter Scholar, Rutgers Law School, and former Litigation Director at NAACP Legal Defense and Educational Fund. Rutgers University was the first university to impose mandatory covid vaccinations for its students.

Dale Ho, the Director of the ACLU Voting Rights Project, challenged the Trump administration’s attempt to add a citizenship question to the U.S. Census. Ho has worked for the NAACP Legal Defense and Educational Fund, as have others on Defend Justice’s U.S. Supreme Court recommendation list, which include Shannon Minter, Janai Nelson, and others. 

Sharon Minter, is the Legal Director of the National Center for Lesbian Rights. She was counsel for plaintiff in “Doe v. Trump,” the first case challenging the Trump administration’s attempt to ban transgenders from military service and lead counsel for the California Supreme Court case that same-sex couples have the fundamental right to marry. 

“Demand Justice’s Supreme Court shortlist illustrates the breadth of progressive talent available to a president committed to nominating a diverse group of justices who have spent their careers fighting to uphold the values of equal justice under the law,” states Defend Justice’s website.  

The mere fact that Demand Justice included Judge Ketanji Brown Jackson on their list is significant. Logic prevails that Demand Justice vetted her, and since this group included her among their chosen endorsements, that alone may be the best indicator of her answers to questions that went unanswered.   

The one question not asked by the Senators is did she sit with Demand Justice and answer their questions. 

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9 comments

LongTimeTexan April 7, 2022 at 8:46 pm

Question to Judge Brown: “Simple question, how many feet are there in a yard”
Judge Brown: “I don’t know, I’m not a Podiatrist”,

Reply
SGTSNUFFY April 7, 2022 at 10:50 pm

They voted alright, but the appointment was illegal and should not stand. Why ?? because as required by the Constitution the vote has to be 2/3’s of the Senate for approval, that number is 67 Senators not 53.

Reply
Bob April 8, 2022 at 11:52 am

Supreme Court nominations used to need 60 votes for confirmation if any senator objected, but Mr McConnell changed Senate rules in 2017 to allow the confirmation of justices with 51 votes. He did so as Democrats threatened to filibuster President Trump’s first nominee, Justice Neil Gorsuch.

Reply
Mag April 7, 2022 at 10:52 pm

Ketanji will NEVER serve one second on the SC. Breier steps down at end of session, so seat doesn’t open until January. Trump will be inaugurated as the rightful winner before then. Trump got around 100M popular votes. Trump beat the Bidenmeister by a 3:1 or 4:1 margin. Biden did not win ANY states. Lost worse than Mondale in ’84.

Reply
David Burgess April 8, 2022 at 11:11 am

You need to wake up and smell the roses. The dems will control the WH until at least Jan 20,2025. She will sit on the SCOTUS bench, it’s a done deal. There is no longer any doubt that FJB did not garner enough “legal” votes to win, and anyone who thinks he did is living in a fantasy world.
My hope is that one of the first things the new Republican controlled Congress will do in Jan 2023, is begin impeachment proceedings against her. One thing they should change is that if a simple majority can confirm her, it should only take a simple Senate majority to convict and kick her off the bench. Of course, that is never going to happen.

Reply
MtnWill73 April 8, 2022 at 12:04 am

Is Defend Justice the same as Demand Justice?

Reply
Michigan J Frogg April 8, 2022 at 7:01 am

And will forever be referred to as ‘The affirmative action confirmation’.

Reply
Jeff April 8, 2022 at 10:06 am

It’s no surprise the Senate voted to confirm her without proper questions being asked with no proper answer gotten. This is the same bunch that passes bills without ever reading them.

Reply
darkoss April 8, 2022 at 10:42 am

She is merely an affirmative action appointment. Biden broke the law when he declared the nominee must be a black female. Biden discriminated against all non-black males. I worked for the Federal gov for 39 years. Discrimination against white males is normal and accepted. I saw some incmpetent people promoted during my time of service. And Mr. and Mrs. American wonder why the Federal Government is mediocre at best, wasteful and incompetent. if the Federal Government was a business, it would have been out of business 120 years ago.

Reply

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