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Will Ketanji Brown Jackson Be the Court’s First CRT Justice?

AMAC Exclusive – By Seamus Brennan

Following a week of headline-grabbing hearings, Judge Ketanji Brown Jackson’s confirmation as an Associate Justice of the Supreme Court seems close to a foregone conclusion. With a Democratic majority in the Senate and the strong likelihood that centrist Republicans in the mold of Susan Collins (R-ME) and Lisa Murkowski (R-AK) will vote in favor of Jackson’s confirmation, any remaining conservative hope to block Jackson’s appointment to the Court is, at best, extraordinarily slim.

But despite Jackson’s all-but-certain elevation to the High Court, her background, legal record, and testimony during this week’s hearings raise several major red flags that should be of immense concern to the American people.

As several Republican members of the Senate Judiciary Committee noted throughout the hearings, Jackson’s reluctance to reveal either a coherent judicial philosophy or a systematic approach to interpreting the Constitution—particularly at a time when progressive legal theories like living constitutionalism and Critical Race Theory (CRT) are on the upswing—is highly disconcerting. While insisting that she had not developed a judicial philosophy and had not even “studied the judicial philosophies” of other Supreme Court justices, Jackson did pay lip service to conservative legal terms like “adherence to text” and “original public meaning” when pushed by some Republican questioners.

But should Senate Republicans really believe that President Biden—who fiercely opposed Judge Robert Bork’s appointment to the Supreme Court when he was chairman of the Judiciary Committee, solely on the basis of Bork’s “doctrine of original intent”—is now pushing a nominee who embraces a similar interpretative legal theory?

Democratic members of the Judiciary Committee similarly opposed each of President Trump’s three Supreme Court appointees in large part because of their originalist philosophies. Yet, oddly, not a single Democrat on the Committee challenged Jackson’s ostensible endorsement of the Constitution’s “original public meaning” during this week’s hearings.

As Thomas Jipping, a senior legal fellow at the Heritage Foundation, wrote, “There are serious reasons to doubt that Jackson’s embrace of originalism this week accurately previews how a Justice Jackson would approach her cases.” He continued: “That leaves the likelihood that the Biden administration and its liberal allies have indeed found the kind of justice they were looking for all along.”

But judicial philosophy was not the only topic Jackson was disinclined to discuss during her hearings. When asked by Senator Marsha Blackburn (R-TN) if she could “provide a definition for the word ‘woman,’” Jackson responded blithely with “No. I can’t… I’m not a biologist.”

Moreover, as Senator Ted Cruz (R-TX) revealed, since 2019, Jackson has served on the school board of trustees at Georgetown Day School. In the Winter 2019/2020 edition of the school’s magazine, Jackson expressed that—since becoming a board member—she has “witnessed the transformative power of a rigorous progressive education that is dedicated to fostering critical thinking, independence, and social justice.”

Georgetown Day School also assigns books and course materials directly inspired by Critical Race Theory, including Ibram X. Kendi’s How To Be An Anti-Racist, Critical Race Theory by Richard Delgado, White Privilege: Unpacking the Invisible Knapsack by Peggy McIntosh, and a video entitled “The Urgency of Intersectionality,” produced by leading CRT “scholar” Kimberlé Crenshaw. Yet, even given the inclusion of this content in the school’s reading materials and the school board’s recent execution of an “anti-racism action plan,” Jackson curiously told Cruz she was unaware that Georgetown Day School had included any material relating to CRT in its curriculum.

Though Jackson was eager to cast these connections aside as merely incidental, her own record suggests otherwise. In January 2020, she gave a speech praising Derrick Bell—widely considered to be the father of CRT—who has written that the Constitution is comparable to “roach powder” and whose personal motto is reportedly “I live to harass white folks.” In her speech, given at the University of Michigan Law School, Jackson praised Bell’s book, Faces at the Bottom of the Well, which journalist Christopher Rufo describes as being “foundational to critical race theory.” Furthermore, when Jackson was at Harvard Law School (at which point Bell was also a professor there), she wrote her thesis on “the hands of oppression” and the law. All of this indicates that her worldview—at least as recently as 2020 when she gave her speech—was closely intertwined with that of Bell and other leading proponents of CRT.

As law school curricula and the broader legal landscape descend further into the realm of CRT and “social justice”-oriented legal thinking and away from the traditional American notion of equal and impartial justice under the law, these comments should—at the very least—raise the alarm. Do Americans want a Supreme Court justice who is so clearly connected to CRT and its vision of American society that is so wildly out of line with mainstream Americans? Do they truly want one of the nine justices of the High Court to have her arms linked with left-wing radicals who contend the United States and its laws are systemically racist and that there is no fundamental difference between men and women?

In a recent Common Sense article, Aaron Sibarium observes that “Critical race theory, as it came to be called in the 1980s, began as a critique of neutral principles of justice. The argument went like this: Since the United States was systemically racist—since racism was baked into the country’s political, legal, economic and cultural institutions—neutrality, the conviction that the system should not seek to benefit any one group, camouflaged and even compounded that racism. The only way to undo it was to abandon all pretense of neutrality and to be unneutral. It was to tip the scales in favor of those who never had a fair shake to start with.”

But more recently, Sibarium writes, CRT became “more than mainstream in America’s law schools. It was mandatory.” And now, CRT has made its mark even on the American judiciary: some judges, he continues, “have begun to see themselves not as impartial adjudicators, but as agents of social change.”

Is it far-fetched to fear that Jackson—who graduated from Harvard Law School (the birthplace of CRT) and has spoken out publicly in favor of one of its foremost architects—sees herself as an “agent of social change”? Is it implausible to think that the same judge who claimed not to have a judicial philosophy and who refused to define the word “woman” before the Judiciary Committee would infuse progressive gender ideology and CRT into her legal opinions? Is it difficult to believe that, if confirmed, Jackson would bring these very left-wing theories and ideologies to the highest court in the land?

After what we learned about Judge Jackson this week, none of these possibilities seem far fetched—and her testimony gave plenty of reason to suspect she was less than forthcoming about her true views. It is hard to see how any senator who claims to be conservative, to care about an independent judiciary, and to cherish the sacred practice of equal justice under the law could even consider voting yes on her nomination.

Justice Clarence Thomas warned in a lecture at the University of Notre Dame in the fall of 2021 that Americans “should be careful destroying our institutions because they don’t give us what we want when we want it.”

“I think,” he continued, “we should be really, really careful.”

As any on-the-fence senators continue to deliberate how they might cast their vote on Jackson’s confirmation in the coming weeks, the American people should hope they heed Thomas’s advice.


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Barbara
7 months ago

Vote NO she is so woke and George Soros is paying to get her nominated. Soros is backing with millions DA’s and many other WOKE people

Bill Whitsell
7 months ago

For a “woman” who can’t define what a woman is…she’ll be the first INVISIBLE Justice.

Jimbo54
7 months ago

Her judgments come from her own perverted beliefs and not from law. She is an embarrassment to the legal profession and any Senator that would approve her nomination should be removed from office. Call your Senator, pray someone listens.

Mark L
7 months ago

This nomination is no joke! If this person is placed on the SCOTUS our Justice system will pay!
Vote NO!

Phil
7 months ago

So it’s like watching a train wreck in slow motion. What can anybody do to stop this? Seems like nothing, except complain. We’ve all been sold out, by both sides. Why is everything dependence on a vote? Why are there not clearly defined standards that must be met before confirmation? Such as, don’t play stupid with those asking questions? I’d think that would be an immediate disqualifier. She was obviously evasive and dishonest in her responses.

Rebecca Johnson
7 months ago

I don’t think she would be any good! She has made too many mistakes on the Rule of Law!

Rebecca Johnson
7 months ago

I hope not,she has made too many bad decisions on the sex predators. Consistently!

Letts Brandon
7 months ago

When or if sane people are back in charge the first thing that should be done is to pass a bill allowing anything done by the left to be undone.

Jeanette
7 months ago

If she cannot explain definition of what a woman is then she should withdraw her application.

Ty
7 months ago

Anyone who embraces race is racist. This person should not be allowed to judge others when they believe facts aren’t truth and right is blurred by hate!

Walt
7 months ago
Reply to  Ty

She was picked for her color and her gender………pure and simple……..a true racist if I ever saw one along with eye people who put her up for confirmation

Hal
8 months ago

By its very wording and meaning the Constitution has no distinctions that have any relevance to race. And it seems that the historical era prior too (and for many decades after) was the Civil War of the 1860’s. The result of this war affirmed that conclusion. CRT should have no relevance in political or jurisprudence at any modern day legal/governance actions. What should have relevance and concern is the dedication and understanding and legal experience to support the Constitution. And IMO the Democraps Party is subtly trying to disguise a transformation of the Constitution into Communism (with, of course, the Democrap Party in charge). In other words, convert our Nations governance into a Communistic form of governance run by the Democrat Party highly biased towards the top echelons of the Democrat Party … while fooling the public that a Constitutional Democracy protected by a SCOTUS (rigged with appointed Commie leaning jurists).

Hal
8 months ago

And a top of the morning to you!

Hal
8 months ago

Brown has tipped her hand, as they say in card games. She will use her potential SCOTUS to legislate her and her Party’s (lib Democrat) rules regardless of Constitutional restraints. She should NOT be confirmed. If confirmed, it would be a big step in the direction of further Communizing our governance …. perhaps to a point of no peaceful return. The Democrat Party and its cronies in the news media are strangling this Nation’s Constitutional Democracy to a point of no peaceful return.

David
8 months ago

And the communist infiltration continues!

Hal
8 months ago

And furthermore, using SCOTUS to make laws (like allowing CRT in schools as a “civil right”) is not within the Constitutional scope of SCOTUS. Therefore, I’m turned off and away from confidence that K J Brown is intending to stick to her role of determining Constitutional correctness. She seems to be a plant in SCOTUS to set up the Commie left-wing governance according to the wishes of the Democrap Party.

Hal
8 months ago

If she considers CRT any legitimate form of education that should govern public schools across the Nation, she is NOT qualified to do her work according to Constitutional provisions and laws.

Bob Taylor
8 months ago

An Obammite RACIST on SCOTUS?????? DISASTER!!!!!

Michael
8 months ago

In a society the fabric of laws hold togetherA people to live by..common sense ofRight and wrong…instincts guide us onThat rule alone….no law is perfect..onlyGOD has that…other countries that don’tRespect it constantly at war within..civilRights gone and shades of skin color andReligion is the sword that consumesIn chaos and factions grow into neverEnding destruction..

theDuke19
8 months ago

Biden is an illegitimately elected president, as is all his actions while illegitimately holding the office; EOs are null and void; appointments are null and void, regulations and law he signed are null and void, as is this SCOTUS nominee. This is why it is so imperative we get to the bottom of the great coup of the Nov 3, 2020 election; fraud, private money funding, stuffed mail in ballots, mass mailing of ballots, re-counting/scanning of ballots and watchful patriots (republican poll watchers) kicked out of counting ballots must be brought to justice. So in a since, everything Biden and his admin have done is NULL and VOID. Jackson can and will be impeached!

Norm
8 months ago
Reply to  theDuke19

And your proof is? Something isn’t so just because someone says it. How about a little evidence

Bob Taylor
8 months ago
Reply to  Norm

More being discovered every day… Arizona, Wisconsin, Georgia, and others… but the Obammites embedded in the Fed UNELECTED agencies are doing their best to block evidence!

Hal
8 months ago
Reply to  Norm

And where is your proof! If you examine thoroughly recent events, you might catch on to what is going on in alarming Democrap politics.

Hal
8 months ago
Reply to  Norm

When you get better at your research and reading comprehension, you will understand! You may in time, if you do this, be eligible for a Jr. High School diploma!!

HocasPocas
8 months ago

If we only had representatives who care about the citizens of this country and our constitutional rights then we would get the correct vote for this evil person . But we all know what we have in the establishment now don’t we?

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