And that, as they say, is that.
I was wrong, Prof. Turley was right. He was certain that Jackson would recuse from the case because of the screaming conflict she faced by sitting on Harvard’s Board of Overseers. He wrote,
“It would be profoundly inappropriate for a jurist to sit on a case for a school in which she has held a governing position and a role in setting institutional policies. This would be akin to a justice sitting on a case on oil leases for Exxon while being a member of the oil company’s board of directors.”
I wrote, “That’s exactly right. But I bet Jackson doesn’t recuse.”
My reasoning, not that it was worth anything as we now can see, was that I could not believe that after being nominated specifically to increase the presence of a “black perspective” on the majority and historically white male court, Jackson would not be pressured into staying in this case, which has the potential to kill pro-black admissions policies as constitutionally invalid. As a Supreme Court Justice, she does not have to recuse for any reason; Justice Scalia demonstrated this when he defiantly refused to do so despite hearing a case in which his friend, Vice-President Cheney, was a named party.
Now Jackson is in the strange position of having to make herself ineligible to rule on exactly the kind of case where she would be expected to bolster the progressive agenda. I doubt that this has permeated the consciousness of Woke World yet, and when it does, there will be hard questions asked about how the President could have settled on Jackson when another black justice might have been the deciding vote to rescue race-based admissions yet again.
Still, Jackson did the ethical thing, indeed the only ethical thing. I should have been less cynical, and more trusting.
I only wish I had been similarly wrong about my belief that the Republicans would try to challenge her fitness for SCOTUS even though her confirmation ( as well as her qualifications) is not in doubt. The recusal issue was the only one that legitimately stood in her way; it’s not like she raped anyone, after all. The GOP should wrap things up and vote to confirm her now.