Judge Ketanji Brown Jackson

Unethical Quote of the Week: Justice Ketanji Brown Jackson

/ Jack Marshall / 19 Comments

“My understanding was that independent agencies exist because Congress has decided that some issues, some matters, some areas should be handled in this way by non-partisan experts, that Congress is saying that expertise matters — with respect to aspects of the economy, and transportation, and the various independent agencies that we have. So, having a president come in and fire all the scientists, and the doctors, and the economists, and the PhDs, and replacing them with loyalists and people who don’t know anything, is actually not in the best interest of the citizens of the United States.”

—-Justice Ketanji Brown Jackson, making the case for a technocracy that directly contradicts the structure of government dictated by that U.S. Constitution thingy, in her questioning of  U.S. Solicitor General D. John Sauer during this week’s oral argument in “United States v. Slaughter”.

As Professor Turley archly comments in his post on Jackson’s classically totalitarian belief that the proletariat can’t be trusted and must be guided by supposedly wise and beneficent “experts” (like her), “Jackson simply brushed aside the fact that the president is given authority to execute the laws and that the executive branch is established under the Constitution…The use of “real-world consequences” seems to overwhelm any true separation-of-powers protections for presidents against the administrative state. It also allows the Court to delve into effective policy or legislative impacts in support of the expert class over what are framed as ignorant or vengeful presidents.”

To state what should be obvious about the so-called “expert class,” they have proven themselves to be very partisan and therefore not sufficiently trustworthy for Congress to bestow on them “independence” from Presidential oversight within the Executive Branch. We have seen that experts like university professors and scholars are overwhelmingly biased and partisan, that scientists are biased and partisan, that doctors, lawyers, economists, psychologists, judges and, yes, ethicists are biased partisan. The concept of the non-partisan, independent expert is a convenient ideology-driven mythology, and anyone paying attention to what we have witnessed in our country, society, and culture over the past couple of decades has to admit that it is as believable as Santa Claus.

Let me add in closing that the arrogance and smug entitlement that radiates from Jackson’s “people who don’t know anything” is staggering, obnoxious, and ironic. She’s a Supreme Court Justice and apparently doesn’t know what the Constitution means…

Worst Supreme Court Justice Ever?

/ Jack Marshall / 11 Comments

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.

“Superman II” Plot: After Trump-Deranged Sen. Murphy Makes An Ass of Himself, Vogue Says “Hold My Beer”…

/ Jack Marshall / 35 Comments

The previous post discussed the level of hysteria now being attained by the Trump Deranged, with a U.S. Senator yesterday joining in the bonkers conspiracy theory that the Trump administration is a cabal of actual Nazis . Chris Murphy’s echoing the ridiculous Big Lie that Elon Musk gave a deliberate Nazi salute—you know, like Superman when he’s flying—

….managed to surpass even the late campaign claims by the dumbest sub-species among the Axis of Unethical Conduct that Trump was emulating the American Nazi Party when he held a campaign rally in Madison Square Garden. Yes, the Nazi salute smear on Musk is even worse than that, though redolent of the “OK” secret white supremacy hand signal insanity that the Mad Left used to slime everyone from lawyers to baseball fans during Trump’s first term.

Here is Vogue, writing about the cool necklace Ketanji Brown Jackson (above) wore to the inauguration:

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Justice Jackson’s Broadway Adventure: Double Ethics Standards…Again

/ Jack Marshall / 7 Comments

“Here come de judge!”

Above are some examples of SCOTUS Justice Ketanji Brown Jackson making a spectacle of herself in her Broadway turn last weekend in the musical “& Juliet,” a LGBTQ adaptation of William Shakespeare’s “Romeo & Juliet.” Jackson portrayed Queen Mab, described as a “she/her” character on a production poster, in two scenes written especially for her. “I just also think it’s very important to remind people that justices are human beings, that we have dreams, and that we are public servants,” Jackson told“CBS Mornings” prior to the performance. One of her dreams was apparently to be an actress, long ago. (She made the right choice going into law.)

Except that judges, and especially Supreme Court justices, don’t have the option of doing whatever they feel like or dream about, as least if they are conservative justices. All of the criticism of the Roberts Court in the past few years has been over alleged ethical violations by the Justices making up the 6-3 conservative majority. The Justices appointed by Democrats Obama and Biden are, of course, as pure as Ivory Soap. And yet…

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Heluva SCOTUS Choice There, Joe!

/ Jack Marshall / 15 Comments

Great. We now have a U.S. Supreme Court Justice who doesn’t like the First Amendment. The Babylon Bee hardly had to be satirical to come up with that headline. During yesterday’s oral arguments before the U.S. Supreme Court in Murthy v. Missouri, the newest Justice and the only one appointed by President Biden, Kentanji Brown Jackson revealed a frightening hostility to the most important guaranteed principle of American freedom from oppressive government.

“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” Jackson told Louisiana Solicitor General Benjamin Aguiñaga as he argued against allowing Big Brother to recruit Big Tech as a political ally by intimidating social media platforms into removing posts the government finds inconvenient. I read Jackson’s quotes yesterday with genuine horror. My sister, a federal litigator of liberal tendencies, had assured me that Jackson was a smart, solid, trustworthy jurist based on her experiences appearing before her. Justice Jackson may be smart, but trustworthy she isn’t. Intentionally or accidentally, President Biden’s openly DEI appointment to fill the Court slot vacated by Stephen Breyer installed the perfect tool to assist aspiring Democrat totalitarians to achieve their agendas.

Oh please, tell us again how Donald Trump is the existential threat to democracy.

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Falsely Describing Bad Research To Advocate Irresponsible Policies Is No Way To Serve On The Supreme Court, Justice Jackson…[Corrected And Expanded]

/ Jack Marshall / 23 Comments

UPDATE: A critical Ethics Alarms reader informed me that in his view the text of this post was too similar to that of its main source, The Daily Signal, in an article by Jay Greene. Although I linked to the piece and also credited Greene with a quote, upon reviewing the post I agree that it included too many substantially similar sentences and phrasings. I apologize to the Daily Signal, Jay, and Ethics Alarms readers. I was using several articles in preparing the piece (including one from another source that was also extremely close to the Signal article), and for whatever reason, did not notice that I had leaned so heavily on Green’s phrasing. It has happened before over the past 13 years, though not often, and never with the intention to deceive. Thus I have revised the post; in the future, if anyone feels that an Ethics Alarms article does not properly credit sources or seems insufficiently original, the favored response is to alert me, rather than to accuse me in obnoxious terms of “plagiarism.”

Fans of affirmative action reacted to Justice Ketanji Brown Jackson’s depressing defense of racial discrimination by praising her remarkably hypocritical dissent in the recent 6-3 decision by the Supreme Court declaring Harvard’s and the University of North Carolina’s admission policies unconstitutional. Those who believe that Justices should base their analyses on law rather than group loyalties were appropriately critical. Both, however missed some really ugly trees for the metaphorical forest, as Jackson injected false statistics into her dissent. They were, of course—we’re used to this phenomenon—uncritically accepted and used in subsequent media propaganda condemning the decision.

Justice Ketanji Brown Jackson wrote in part,

“Beyond campus, the diversity that UNC pursues for the betterment of its students and society is not a trendy slogan. It saves lives. For marginalized communities in North Carolina, it is critically important that UNC and other area institutions produce highly educated professionals of color. Research shows that Black physicians are more likely to accurately assess Black patients’ pain tolerance and treat them accordingly (including, for example, prescribing them appropriate amounts of pain medication). For high-risk Black newborns, having a Black physician more than doubles the likelihood that the baby will live, and not die.”

Wow! Racial discrimination saves lives! The problem, or rather problems, are that as Jay Greene of the Daily Signal points out, 1) the claim that survival rates for black newborns double when they have black physicians attending is based on a misleading analysis 2) Even if the results of the Proceedings of the National Academy of Sciences study were as Justice Jackson claimed, they are unbelievable and 3) even if Jackson had described the results of the study accurately, and even if those results were credible, they still wouldn’t justify the use of racial preferences in medical school admissions.

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Go Ahead, I Dare You, I Dare Anyone: Explain The Contrast Between The New York Times Reaction To The Jackson Hearings With Its Response To The Kavanaugh Hearings As Anything But Blatant Partisan Bias

/ Jack Marshall / 34 Comments

I’ll admit it: I prepared for this yesterday. I’ll also confess that I post it in part to metaphorically rub the noses of the obstinate New York Times defenders who might visit here in their destructive denials of what is, daily, right in front of their noses.

As I knew it would as surely as I knew the Republican Senators would not do the ethical and statesmanlike thing and be polite, perfunctory and non-confrontational in their examination of Judge Ketanji Brown Jackson, I knew that whatever they did would be attacked by the Times and mainstream news media as racist and hyper-partisan. Thus I tracked down the Times’ story following Justice Kanaugh’s confirmation, from October 6, 2018. You can read it here: Half of the focus was on the fact that his confirmation made the Court dangerously conservative, and not on the Democrats’ despicable smearing of the nominee with a contrived accusation of sexual assault (that supposedly occurred before he attended college or law school, much less before he was a judge).

The other half concentrated on Kavanaugh’s angry attack on the authors of this character assassination attempt, which, sayeth the Times and the anti-Kavanaugh partisan professors it chose to interview, raised questions about his “judicial temperament.” This was the most disgraceful treatment of any Supreme Court nominee ever, before or since, yet no hint of that verdict appeared in the Times.

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Ethics Observations On The Judge Ketanji Brown Jackson Senate Hearings, Part 2

/ Jack Marshall / 26 Comments

The Post editorial was so ethically awful that it warranted special attention. The rest of the story…

Observations:

1. As I so sagely predicted, the Republican attacks on Jackson have been declared racist by Woke World, democrats and the news media. Here are some of the comment on the Post editorial:

  • “I am reminded of what Jackie Robinson had to go through in 1947 when he broke the color line in baseball. How he had to take every shot, every insult, every racist thing thrown at him without complaint. And now, in 2022, Judge Jackson had to sit there and just take every insulting, despicable, racist and sexist thing thrown at her without being able to call out those who treated her with such bigotry, such callous disrespect.”

  • “Graham, Blackburn, Cruz and other GOP inquisitors know retention of the racist vote is crucial to the election of Republican candidates. They are intent on pandering to that component of Trump’s populist base. The senators’ disrespectful treatment of Judge Jackson doubtlessly did much to retain that base support.”
  • “Come on. “Not all Republicans are racists” is so 2016. ANYONE and I mean anyone who votes for a Republican in 2022 is a racist. Period. Maybe not fully racist meaning gee, they might have concerns about inflation or whatever, but racist in the end. R = RACIST.”

Nothing any of the Republicans said to or about Jackson was racist, but it doesn’t matter. The tough questioning served no purpose, but helped bolster the “Republicans/conservatives are racists” Big Lie. The justification was “tit for tat.” It is incompetent politics, particularly at a time when minorities are increasingly open to conservative candidates. Continue reading →

Ethics Observations On The Judge Ketanji Brown Jackson Senate Hearings, Part 1

/ Jack Marshall / 15 Comments

Now take The Washington Post….please.

Yesterday’s Editorial Board screed about the hearings serve a single useful purpose for any readers with a smidgen of memory and a dash of objectivity. It serves as the equivalent of a neon sign reading, “We are shameless partisan hacks!”

Consider its headline: “Republicans boast they have not pulled a Kavanaugh. In fact, they’ve treated Jackson worse.”

Did Republicans dig up a witness (and pro-abortion activist—merely a coincidence, I’m sure) who used a three decade old “discovered memory” to accuse a a 50-year-old judge with an impeccable record as a responsible citizen and a devoted father and spouse of an attempted sexual assault when he was a teenager? No. Did they do this despite the fact that the alleged incident had no individual other than the accuser who could confirm it, nor even a definite date or place where the “assault” occurred? No. Has anything said in the hearings resulted in demonstrators calling the judge a rapist? Continue reading →

Judge Ketanji Brown Jackson Pledges To Recuse Herself From The Harvard University Affirmative Action Case

/ Jack Marshall / 23 Comments

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.” Continue reading →