AMAC in the Media

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

Posted on Friday, March 25, 2022
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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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Bill on the Hill
Bill on the Hill
2 years ago

Jackson is 100% WOKE, period…She equates to the George Soros funded DA’s in all the democrat run cities across America that continuously bail out the BLM/ANTIFA thugs, time & again…
Follow the money, ” dark money ” is what got Jackson this far, i.e. the Open Society of George Soros has spent between 1.5 million & 3.7 million dollars in getting this woman this far along as she is a hairs breath away from actually getting confirmed as a US justice to the SCOTUS…
Her real ideology is a known fact for she supports CRT & all the evil baggage contained within…
There should NOT be a single member of the GOP that would even remotely consider supporting this anti-American Marxist in becoming a judge to the highest court of the land…
That she is even being considered is a slap in the face of each & every red blooded America citizen in the present as well as future generations to come…
Jackson represents everything that has gone wrong in our American society these past ( 2 ) very long, violent infused years, all under the guise of ” systemic racism ” in America, all of it is a FALSE FLAG perpetuated by the Democrat Party, their MSM, Big Tech & now all ( 3 ) branches of the US government have fallen under this evil spell, sadly enough…
Bill… :~)

Bill on the Hill
Bill on the Hill
2 years ago

Jackson is 100% WOKE, period…She equates to the George Soros funded DA’s in all the democrat run cities across America that continuously bail out the BLM/ANTIFA thugs, time & again…
Follow the money, ” dark money ” is what got Jackson this far, i.e. the Open Society of George Soros has spent between 1.5 million & 3.7 million dollars in getting this woman this far along as she is a hairs breath away from actually getting confirmed as a US justice to the SCOTUS…
Her real ideology is a known fact for she supports CRT & all the evil baggage contained within…
There should NOT be a single member of the GOP that would even remotely consider supporting this anti-American Marxist in becoming a judge to the highest court of the land…
That she is even being considered is a slap in the face of each & every red blooded America citizen in the present as well as future generations to come…
Jackson represents everything that has gone wrong in our American society these past ( 2 ) very long, violent infused years, all under the guise of ” systemic racism ” in America, all of it is a FALSE FLAG perpetuated by the Democrat Party, their MSM, Big Tech & now all ( 3 ) branches of the US government have fallen under this evil spell, sadly enough…
Bill… :~)

Stephen Russell
Stephen Russell
2 years ago

Hope Not ? NOT qualified for role cant reply to basic questions

J. Farley
J. Farley
2 years ago

You forgot to also say, the first stupid one!

PaulE
PaulE
2 years ago

Of course Judge Jackson is going to approved. That is a foregone conclusion. Her approval by the Senate was telegraphed even before the Senate hearings were started. One or more RINOs will vote with the Democrats to approve her nomination to the Court. Even though, based on her record, she is far from an ideal candidate for the Court.

The Court is supposed to include the best and brightest legal minds of our time, with a commitment to the Constitution as written. At least that used to be the premise for nomination to the highest court in the land, based on an outstanding record of judicial decisions over an extensive period of time on the bench. There is nothing in Judge Jackson’s actual legal record to suggest she falls into that category by any stretch of the imagination.

Judge Jackson was selected simply because she met the gender and racial criteria that Joe Biden publicly stated would guide his selection process. On that, she checks off the boxes the “President” publicly defined. Obviously, no Democrat is going to nominate a strict Constitutionalist to the Supreme Court, because that would go against every belief of the Party, that the Constitution needs to be completely shredded and discarded. Again, Judge Jackson meets the type of criteria of value to the Democrat Party going forward as they re-shape this country into a socialist workers paradise. Elections have consequences. This is just another such consequence.

William Hodge
William Hodge
2 years ago

This nominee is despicable. She can’t truthfully take the oath to defend the constitution. She can’t even decide whether she sits or stands to pee.

David
David
2 years ago

The fact that Ketanji Brown Jackson refused to define a “Woman” while testifying not only to congress but to the world should tell us everything, we need to know about her, how she will rule from the (Supreme Court) bench.

She is a woman; she could not define herself. Can we really expect her to define the Law, the Constitution of the United States while making critical decisions? The answer to that question is, in my opinion, an unequivocal, No!

Judge Jackson, dishonesty, the inability to face facts as they are, as they exist, is an intrinsic, core value problem. I suggest you look in the mirror, then deep within yourself.

Philip Hammersley
Philip Hammersley
2 years ago

IMHO, the fact that she attended Harvard is NOT a plus! Harvard, established as a Christian college, is a cesspool of Marxism and sexual perversion. And Ms. Brown has swum deeply in this cesspool!

Delia Rose
Delia Rose
2 years ago

The Senator should have followed up with: Are you a woman?

Steve
Steve
2 years ago

This Senate Committee hearing is all just theater. Of course she is going to be confirmed! The majority of our elected officials don’t give a rats behind about the U S Constitution or with upholding it.

jocko
jocko
2 years ago

OH, BOY, ANOTHER CANCEROUS, ANTI-AMERICAN, LYING, CHEATING, RACIST, lib TO THE BENCH TO FURTHER DESTROY OUR ONCE GREAT NATION.

PFArizona
PFArizona
2 years ago

Compare her testimony to Judge Kavanaugh. The difference in intellect is undeniable. His knowledge of the law is genius and his referring to numerous case laws during his answers was impressive. And he was clear in his belief in the Constitution unlike her.

Charles Palumbo
Charles Palumbo
2 years ago

This is another example of the inmates running the asylum
LGB FJB

Kyle Buy you some guns,and learn how to shoot
Kyle Buy you some guns,and learn how to shoot
2 years ago

Biden is pushing her simply because she is Black. Kyle L.

Ann
Ann
2 years ago

She totally scares me. CRT and child pornography. Definitely someone who should not be elected to be on the Supreme Court.

Donna
Donna
2 years ago

This will be a major mistake if this very radical woman is place on the Supreme Court. She has shown her prejudices. Child predators – no problem, give them a slap on the hand and let them go- she does not care that the children may be damaged for life; women in sports – who cares, let the God-made men who call themselves women, ruin women’s sports for their own self-gratification. Prisoners in Gitmo due to 9/11, she felt they needed her guidance as their attorney – to hell with the citizens both those killed as a result of the attacks and families left behind – she is a traitor to the United States of America and has no place on the Supreme Court except by those who want to radically kill the definition of “freedom” at any cost. Socialist/Communist/Progressive – a rose by any other name …………..

Myrna Wade
Myrna Wade
2 years ago

This justice will give new meaning to racism.

Jerry
Jerry
2 years ago

“A wolf in sheep’s clothing”. Mitt Romney is a “Demonrat in Republican’s clothing”. He is, probably, a yes .vote

Kim
Kim
2 years ago

I wish Justice Thomas well. (I heard he had been released from the hospital. Whew.) Imagine another selection for the bench made by biden!

I watched some of the hearings, and couldn’t believe Jackson struggled with the definition of “woman”. You don’t need a degree in biology to know the difference between a man and a woman. She simply could have blamed it on the genes (XX or XY) and gone on to the next question.

This is like Clinton defining what the meaning of the word “is” is. Leave it to a liberal to unnecessarily complicate matters. What happens when a case that requires real thought is heard? Will it drag on for months, causing a backlog of cases because they couldn’t agree on definitions? …Oh, wait…that’s the point! Biden will decide he needs to pack the court to get through all these cases! More justices—that’s the answer!

And, then, to claim that she wasn’t aware of how Justice Kavanaugh was dragged through the mud during his hearings? Seriously?!

Gil
Gil
2 years ago

The fact that Biden wants a “black woman” on Supreme Court and this one doesn’t even know why she is ……maybe she doesn’t want to be???? I am so sick of these people who think our country is racist when it is them that have brought it all back to life. They need it because they all want to be victims and get extra attention and special treatment.

Bill T
Bill T
2 years ago

I’m all for anyone regardless of color on our Supreme Court, but if you cannot define a woman how can you be fair and impartial with anything if it’s referring a woman or a child that’s a girl? This is not normal and I wasn’t happy with her history of releasing Pedophiles with little punishment or greatly reduced sentencing. And that’s just a few problems with this justice, She’s a known CRT advocate and that tells me there’s a possible racial divide with her. She’s a progressive democrat and is not a constitutional justice and right there she should be out of consideration for this vital and important long term position that decides our country’s future. It’s a definite NO and should be for anyone else with these same proven deficiencies that are in consideration for this position.

DAVID MILLIKAN
DAVID MILLIKAN
2 years ago

A female who calls herself a woman but can’t define a woman has no business on U.S. Supreme Court. Avoids any real questions by responding as a politician.
She’s SOFT on CRIMINALS and is nothing more than a political hack like COMMUNIST harris.
Neither qualified for any position in Law and Government.

Guy LaVake
Guy LaVake
2 years ago

America. Your chickens will be coming home to roost. Abundance has killed you.

Barb
Barb
2 years ago

Is she a WOMAN? Is she a BLACK WOMAN? Joey wants the first BLACK WOMAN on the Supreme Court. Could she not answer anything regarding WOMAN? Does she not have 2 children she gave birth to?, does she not have a vagina, ovaries, womb?, is she lacking mentally or what! By being selected as the first black woman, that to me is discrimination to all those experienced and knowledgeable, who could qualify, no matter what race or color they are. Talk about discriminatory practices!

EAA
EAA
2 years ago

How is it that sleepy Joe can define “woman” but a judge and Harvard graduate can’t?
Unbelievable.

Chris Barnes
Chris Barnes
2 years ago

This woman is just replacing a liberal for a liberal, nothing is really going to change. The best thing we can do in this country is vote these people out and keep them out of office. The Republic demands it or we will lose our Republic forever. Im confident God will prevail.

Sid
Sid
2 years ago

No question about it. This Nazi will be a disaster for the Constitution.

Momcat
Momcat
2 years ago

she is for CRT which teaches the Constitution is racist. She can’t serve if she can’t defend the Constitution. Plus her record of overturned decisions proves that she does NOT know the Constitution &/or does NOT support it. I hope everyone contacts Manchin, Graham, & all senators to voice opposition to her confirmation because she is definitely unqualified even for her current position!

Patty
Patty
2 years ago

Connect the dots… this leftist driven administration is about DIVIDING Americans. Biden’s choice was based on deliberate “reverse discrimination”, just like his choice of a “woman of color” for VP …. who we now see is CLEARLY UNQUALIFIED to hold public office. This SCOTUS is the same & will have the same result. Be sure to play TAPS, as our nation’s demise into ruins continues.
WHAT A SHAME!

Jean Winter
Jean Winter
2 years ago

Time to make the calls to STOP this dangerous woman from sitting on OUR American Supreme Court..

HocasPocas
HocasPocas
2 years 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?

theDuke19
theDuke19
2 years 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!

Michael
Michael
2 years 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..

Bob Taylor
Bob Taylor
2 years ago

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

Hal
Hal
2 years 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.

Hal
Hal
2 years 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.

David
David
2 years ago

And the communist infiltration continues!

Hal
Hal
2 years 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.

Hal
Hal
2 years ago

And a top of the morning to you!

Hal
Hal
2 years 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).

Ty
Ty
2 years 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!

Jeanette
Jeanette
1 year ago

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

Letts Brandon
Letts Brandon
1 year 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.

Rebecca Johnson
Rebecca Johnson
1 year ago

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

Rebecca Johnson
Rebecca Johnson
1 year ago

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

Phil
Phil
1 year 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.

Mark L
Mark L
1 year ago

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

Jimbo54
Jimbo54
1 year 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.

Bill Whitsell
Bill Whitsell
1 year ago

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

Barbara
Barbara
1 year 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

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