President Biden’s deteriorating mental condition seems to have affected his judgment when he appointed Ketanji Brown Jackson to the Supreme Court. Ketanji Jackson is a “far-left political activist" with a collectivist or socialist philosophy. Her opinions are anathema to middle America. During evaluations by the Judiciary Committee and the Senate, Jackson was unable to conceal her radical political philosophy. But her Court appointment was approved.
In his presidential campaign, Joe Biden promised that, if elected, he would appoint the first Black female to the Supreme Court. He made no mention of experience, political philosophy, or prior legal decisions. His only criteria were race and gender. Appointing Ketanji Jackson to the Supreme Court was the only campaign promise that Biden fulfilled.
President Biden justified Jackson’s appointment with this language: "For too long our government, our courts haven't looked like America," The phrase “doesn’t look like America” actually means our government and our courts lack ‘diversity.’ Our Founding Fathers would never have imagined that appointments to the Supreme Court would be made simply to achieve diversity.
During her Senate Judiciary Committee hearing, Ketanji Brown Jackson either didn’t respond to questions or responded with vague generalities. Committee Republicans tried in vain to determine the judicial philosophy Jackson would bring to the highest court in the land. But Jackson described herself as ‘neutral’; with no philosophy only a ‘methodology.’ But it is unlikely that Jackson could have had such a lengthy legal career, including judgeships, without developing legal preferences.
The Declaration of Independence includes the affirmation that all men “are endowed by their Creator with certain unalienable Rights.” These unalienable or natural rights - life, liberty, and the pursuit of happiness - are the underpinnings of our way of life. But when Ketanji Brown Jackson was asked her opinion of natural rights, she responded: "I do not hold a position on whether individuals possess natural rights." Are we to believe that a former judge, with years of experience, hasn’t decided if individuals have natural rights? She claims she can’t define the word ‘woman’ so we wonder if she understands the difference between natural rights and legal rights.
The Supreme Court is the guardian and arbiter of the Constitution and the cases its justices must decide involve interpretations of that document. But there is a growing sentiment with certain Leftists that the present Constitution doesn’t meet the needs of modern society. It is widely believed that Ketanji Brown Jackson shares the opinion that the outdated Constitution should be replaced with a “Living Constitution.” But during her hearing, Jackson denied any involvement with the “Living Constitution” movement.
Ketanji Jackson’s evasiveness during her Committee hearing prevented an adequate evaluation of her competence. But excerpts from her testimony indicate that ‘Wokeness’ might affect Ketanji Jackson’s decisions on cases involving free speech, religious liberty, and other cultural issues. Critical race theory and other racist issues might also impact Jackson’s thinking. Ketanji Jackson’s Supreme Court appointment is concerning because, in close cases, one vote could produce a different outcome.
The unwise Supreme Court appointment of Ketanji Jackson comes at a bad time. Our country is at a pivotal moment in its history. We desperately need competent leadership but the failed Biden administration can’t provide it.
Gail Jarvis is a Georgia-based free-lance writer. His writing is influenced by witnessing how versions of news and history were distorted for fashionable political reasons. Mr. Jarvis is a member of the Society of Independent Southern Historians and his articles have appeared on various websites, magazines, and publications for several organizations. He lives in Coastal Georgia with his wife.