Judge Ketanji Brown Jackson

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 →

Integrity Test: Judge Ketanji Brown Jackson Will Be Conflicted Out Of The Harvard Affirmative Action Case If She’s Confirmed. Which Progressives Will Have The Ethics To Say So? [Corrected]

/ Jack Marshall / 24 Comments

And will she?

Stipulated: Judge Jackson is a fully qualified choice to succeed Justice Breyer on the U.S. Supreme Court. Also stipulated: she should be and will be confirmed and by a large majority, unless Republicans are as petty and foolish as I think they are.

However, the soon to be Justice Jackson has an unwaivable conflict of interest in the contentious Harvard admissions case, which I would term a “scandal.” Harvard unambiguously discriminates against Asian-American applicants to inflate the numbers of lesser qualified black and Hispanic students admitted to the college. In the era of The Great Stupid, when racial discrimination is treated as “antiracism,” this SCOTUS case is a high profile and significant one, and Future Justice Jackson has a dog in the hunt, as they say. Jackson serves on Harvard’s board of overseers, one of the University’s two governing boards. The board plays “an integral role in the governance of the university.” End of controversy. She’s integrally involved with a party in the case. It is a classic conflict, and cause for recusal. Continue reading →