Worst Supreme Court Justice Ever?

During the oral argument at the Supreme Court regarding the constitutional challenge to Section 2 of the 1965 Voting Rights Act, President Biden’s sole appointment to the Court, Justice Ketanji Brown Jackson, proved that the suspicions raised by some of her dissents that she is a knee-jerk progressive incompetent were well grounded. Are you ready? Heed Sam’s warning!

The case, Louisiana v. Callais, involves the question of whether Louisiana’s congressional map violates the 15th Amendment and the Equal Protection Clause of the 14th Amendment because it clearly includes two districts with boundaries based on race. The objective was to create two majority black districts. In other words, use race as the reason for determining Congressional districts.

Justice Jackson’s head-exploding argument? Giving blacks special advantages in the matter of representation was like making special accommodations for the handicapped under the Americans with Disabilities Act. Black Americans, you see, are permanently handicapped because of the crippling effects of slavery (which ended 160 years ago) and Jim Crow (which ended 100 years later, about 60 years ago.)

“So going back to this discriminatory intent point, I guess I’m thinking of it, of the fact that remedial action absent discriminatory intent is really not a new idea in the civil rights laws. And my kind of paradigmatic example of this is something like the ADA,” Jackson said.

“Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities,” the DEI Justice explained. “And so it was discriminatory in effect because these folks were not able to access these buildings. And it didn’t matter whether the person who built the building or the person who owned the building intended for them to be exclusionary; that’s irrelevant. Congress said, the facilities have to be made equally open to people with disabilities if readily possible. I guess I don’t understand why that’s not what’s happening here. The idea in Section 2 is that we are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it so that they don’t have equal access to the voting system. Right? They’re disabled. In fact ,we use the word ‘disabled’ in [Milliken v. Bradley]. We say that’s a way in which these processes are not equally open. So I don’t understand why it matters whether the state intended to do that. What Congress is saying is if it is happening … you gotta fix it.”

Got it! American blacks are permanently disabled. This is the rote justification for affirmative action forever, DEI (which Jackson understandably has an affection for), and reparations for slavery. It is a jaw-droppingly demeaning characterization of black Americans, and pure stereotyping.

Her “logic” also misses an obvious and crucial point: when the 1964 Voting Rights Act was passed, the U.S. was just barely leaving the Jim Crow era. Brown v. Bd of Education was only ten years old. Inter-racial marriage was still illegal in many states. Progressives and race-hucksters like Jackson refuse to acknowledge that there has been massive progress in race relations since 1964, and they deny that progress because it means giving up their own benefits from the phenomenon of presumed racism. “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Jackson’s statement marks her as a racketeer.

That quote from Jackson is damning (and it bolsters the EA case that Joe Biden was the worst POTUS ever, since he appointed this partisan hack) and should be headline news, but it’s not. Gee, I wonder why… Over at SCOTUS blog, the new proprietor, Amy Howe, provides what she represents as a thorough analysis of the oral argument in Louisiana v. Callais without mentioning Jackson’s outrageous theory at all. So far, I have only seen it mentioned on conservative blogs and news sites. In fact, I was driven to Breitbart, a site I banned for being biased and untrustworthy, to find the full quote.

Is Jackson the worst SCOTUS Justice ever? I think she’s worse than Sotomayor, which is pretty amazing, but no, I’m sure there have been worse ones in the Courts dim past. But she is pretty assuredly the worst Justice in my lifetime, and that would include the execrable Harry Blackmun, who inflicted Roe v. Wade on the nation as well as the indefensible majority opinion declaring that baseball, alone among professional sports and billion dollar private businesses, should be immune from the antitrust laws. Harry was an mediocre judge in over his head thanks to a Peter Principle Nixon appointment, but he was at least smart enough not to claim that being black was the equivalent of being disabled.

11 thoughts on “Worst Supreme Court Justice Ever?

  1. Many of us knew she was going to be awful before she was confirmed. Because in many cases one can prejudge someone.

    In this case, being an appointee of a progressive administration, we knew she was going to be awful.

    • From the Bee:

      “I don’t know how to say this best, Ketanji, but not all black people are mentally disabled. It’s just you,” said Thomas. “You having an exceptionally low IQ has absolutely nothing to do with your skin color, Ketanji. You’re just an idiot. I know this is hard for you to understand… I mean, of course it is, you’re mentally handicapped.”

      Yikes.

      jvb

  2. It seems that a significant portion of her argument misses the point that not all black people want a black representative and not all black people vote the same. Those who have been assigned “black” favored gerrymandering may be the victims of racial discrimination having been virtually guaranteed to not have access to the white conservative representative they want, all because someone else labeled them as black.

  3. Jack wrote:

    Got it! American blacks are permanently disabled. This is the rote justification for affirmative action forever, DEI (which Jackson understandably has an affection for), and reparations for slavery. It is a jaw-droppingly demeaning characterization of black Americans, and pure stereotyping.

    Jackson is intellectually disabled, so nothing coming from her surprises me. She doesn’t even attempt reasoned analysis — her “analysis” could come straight from any progressive democrat influencer, politician, or other progressive political wannabe. She is the exception that proves the rule that anyone, regardless of education or experience, is constitutionally qualified to be a Supreme Court justice.

    What’s really sad is that she is only marginally inferior to Sonya Sotomayor. Is it really the intent of the Democrat party to DEI as many intellectual lightweights/partisan hacks into the court as possible?

    Because it sure looks like it.

    • I agree. I suspect the disability analogy comes from the belief in disparate impact and invidious discrimination where intent is irrelevantllll only outcome or perceived outcome matters. It is kind of a “I can’t define discrimination but I know it when I see it” position. You can’t argue against it because the terms are both undefined and uncharacterized. Justice Ketanji Brown Jackson starts from the irrebuttable presumption that minorities, especially blacks, are by definition disenfranchised and under-represented in all areas of politics and power; therefore, they are inherently disabled (not in a physical or mental sense) and require special protection.

      jvb

  4. Today I heard the statistic that Jackson is the only one on the present court to be in the minority on an 8-1 split. Not only is she the only one, she’s done it SEVENTEEN times.

    Yes, even when Sotomayor and Jackson side with everyone else, she’s still out there on her own island.

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