Last week’s Senate Judicial hearing as to whether to put forward Ketanje Brown Jackson’s nomination for the Supreme Court’s was desecrated by the “Republican” Senators who decided to use the opportunity to punt their policy on the culture wars, which would return America back to being “Great Again”. For the uninitiated this was the first salvo for the “Republican” Primaries for the upcoming 2022 and 2024 elections. The zealous senators are ignoring leader McConnell’s exhortation to have no electoral policy and merely run against Joe Biden’s record. While the de facto “Republican” leader Trump, who is way ahead in the polls as the 2024 candidate to oppose Joe Biden, has abandoned his original MAGA mantra in favor of campaigning that the 2020 election was stolen from him and that he was smeared that Russia supported his election effort in 2016. However the “Republican” legislators are sticking to what worked for Trump in 2016 - Keep America White. The “Republican” dominated State legislatures have already enacted Voter Suppression legislation designed to make it far more difficult for those whose skins aren’t white to vote. The Republican Senators used the African American Female Supreme Court nomination process as a proxy to continue their fight.
JUDGE JACKSON’S IMPECCABLE CREDENTIALS
The fifty one year old African woman jurist according to the American Bar Association, (ABA), is a “Great Jurist Without Any Biases”. This finding was derived at after interviewing nearly three hundred judges, lawyers including prosecutors, police associations and other individuals that interacted with her and following an exhaustive review of her writings and judgements. This is the highest ranking the ABA awards to a prospective appointment to the Federal Court. However, Judge Jackson’s “Republican”tormentors on the Judicial Committee didn’t even pitch up to hear or question the ABA on their decision making process. The latter facts alone belie any respectability this disgrace to American democracy led by Messers Graham, Cruz and Hawley demonstrated in their opposition to Jackson’s nomination.
Anyone who has read anyone of Judge Jackson’s five hundred and seventy six decisions would be impressed with her knowledge of the law and the Constitution. One of her recent opinions, was a hundred and thirty eight page carefully reasoned ruling which the Supreme Court immediately adopted by eight votes to one without hearing any further argument. Jackson ruled that Donald Trump’s White House documents be released to the January 6 Investigative Committee. The only vote against the prompt Supreme Court confirmation was that of Justice Thomas and that is a story for another day.
ORIGINALIST INTERPRETATION OF THE CONSTITUTION
All this begs the question as to whether the disgusting irreverent attack on the nominee was because she is an African American Woman. The whole sickening process was also utilized by “Republican” members to make it quite clear that they supported Judicial Originalists - those that interpreted the Constitution as the Founders’ wrote it. It bears repeating that the Founders were all white male Christians, mostly slave owners, who gave the franchise to only white men. The "Republicans", the inheritors of these privileged white men, whose MAGA philosophy was being perpetrated are also ensuring that those of color would find it difficult to vote. Lindsey Graham had sounded off previously that he was ok with black conservatives. In fact the other Senator from South Carolina is African American. However this show of “tolerance” doesn’t much impress Jay H. Ell because the apartheid government in South Africa exercised the same paternalistic acceptance towards Africans who believed in apartheid. The strongest Originalist on the Supreme Court is Justice Thomas whom the Founders would not even have afforded a vote, let alone sanction his inter racial marriage. Incidentally a vocal Originalist on the Senate Marsha Blackburn as a woman was not thought qualified enough by the Founders for the franchise either.
“THIS AFRICAN AMERICAN WOMAN IS SOFT ON PORNOGRAPHY, GENDER DEVIANTS AND WANTS TO MAKE WHITE CHILDREN FEEL GUILTY THAT THEY ARE WHITE”
The cultural agenda that the “Republicans” want to run on was reinforced by the questioning but mostly speeches at the hearing. The aim was to define who is a real American and the values they should hold. The not so subtle smear was that she was weak on crime, immoral as her leniency towards purveyors of pornography indicated and supportive of the LGBT group rather than traditional family values. The questions were not directed to her vast mastery of the constitution and whether her resume warranted her being put on the highest court.
The hypocrites on the Judicial Committee became the arbiters of public morality. All of this lot supported Trump, who besides his broadcast opinions on tape as to what he does to those whom Marsha Blackburn would recognize as women, as well as the fact that he has credible accusations of sexual harassment including rape by twenty six woman. Brett Kavanaugh’s behavior too was defended vigorously by those who were impugning the moral character of the nominee.
A great deal of fuss was made about the fact that Judge Jackson refused to define who was a woman. The pathetic trick question was to get the Judge caught up in the latest tussle about transgender children participating in sport. Senator Blackburn, an obvious woman, knew the Founders did not forbid transgender children from participating in sport just like they didn’t decide the right to an abortion either. Judge Jackson.tried to explain that in her role as a Judge she decides on conflicting opinions not define theoretical abstract standards. In addition her personal views were irrelevant in ruling in disputes.
That dynamo of intellect Ted Cruz then proved that he doesn’t only read comic books but children’s books as well. The point of it all was did the candidate believe babies could be racists. In addition why did Judge Jackson sit on a school board that had a curriculum that made white children feel guilty because they were white. It was an attack on Critical Race Theory, which of course was an obvious deliberate omission in the Constitution even though they had, for census purposes regarded slaves as two thirds of a person. While again the future Justice had no control of what was taught school children Senator Cruz did - he has sent his daughters to a private school that includes in its curriculum education the history of racism in America. To get back to the Originalist interpretation of the Constitution which guarantees Freedom of Religious belief which shows up Lindsey Graham’s prejudice in questioning Judge Jackson as to her religious beliefs and the strength of them.
Jay H. Ell could go on and on but he is sure you get his drift even if you missed the hearings. Mercifully other than Hannity who played the choice pieces nobody took too much notice of the grandstanding of the Republicans though in fairness Senator Sasse apologized for the behavior of his colleagues.
THE PUBLIC IMPACT OF HEAD OF THE DC CIRCUIT COURT KETANJE BROWN JACKSON
Not since the nomination of Chief Justice Roberts has there been such a positive rating in the polls of a Supreme Court nominee. Her poise, breadth of knowledge, humanity, politeness and respect in the face of outright rudeness and purposeful misunderstanding of the role of a judge have not only won her the admiration of the watching public but their support. The polls all give her well over fifty percent positivity and round about twenty - five percent disapproval resulting in a nearly thirty percent net popularity rating.. The only judge close to that on this bench was Justice Thomas who had over thirty percent positivity. (Guess what, that is about to collapse if it hasn’t already). Since 2005 the average positive rating has been ten. So in this day and age of polarization the empathetic and authentic Ketanje Jackson is a breath of fresh air. This of course will not translate into Republican Senate support where if she is fortunate she will gain three Republican votes.
THE BASIS FOR THE MISPERCEPTION FOR THE THREAT TO THE REAL WHITE AMERICANS
In 2012 Mitt Romney had lost to Barack Obama and the demographic data indicated that by 2050 the Whites would no longer in the majority in the USA. Reince Priebus, the then Chairperson of the then Republican National Committee, commissioned a report whose objective and conclusion was to attract minorities to the Republican Party. Donald Trump changed that all by galloping away with the Party nomination in 2016 and then going on to win the Presidency. Trading on a racist grievance mantra while railing against the white elites of both parties he hijacked the Republican Party into an autocratic racist Party with a thinly disguised objective to keep America white and Christian with old American family and cultural values. He appealed to the lowest common denominator in society as well as those who had suffered financial loss in the era of globalization and digitalization. The latter were said to be losing out to the college educated elites of both parties, who were favoring the minorities, and LBGT groups. This group were under the impression that society was economically dominated by non Christian Jews and threatened by non Christian Muslims. Aided by social media and even more importantly Fox News the biases and prejudices were magnified to the point that Trumpism became the dominant philosophy of the former Republican Party. The new prevailing attitude could be summed up when Bill O’Reilly, then the Tucker Carlson of Fox News, told Barack Obama that he was the privileged one and he, O’Reilly, was the disadvantaged American - the victim.
To show the extent of the current paranoia, the perceptions of Americans as to the percentage of various groups in America as opposed to the reality are revealing. A survey of American adults by YouGov tells it all. The following groups were estimated to be twenty - five percent of the population when in reality they represent about two percent: Jews, Muslims, transgenders, gays and lesbians, bisexuals and atheists, The estimated number of blacks and Hispanics was well over thirty percent when the former are about twelve percent and the latter eighteen percent. There was a similar distortion of the number of first degree immigrants. Needless to say they underestimated the number of whites and Christians albeit by not such gigantic margins.
When it is realized that the Trump dominated wing of the party are running on a distortion of reality, the disgraceful attacks of an elite African American Harvard Graduate whose only saving grace is that she is Christian are not only comprehensible but to be expected. So the smear that she supports the perverts, who are overtaking our society, making us whites feel guilty and are trying to educate our children to be ashamed that they are not black, becomes more and more understandable.
By the current “Republican” viewpoint Judge Jackson is not a real American.
AT THE END OF THE DAY
The “Republicans” are going to be running on three approaches in 2022 and 2024, “Trumpism” per se, just attacking Biden’s record and then Trump and his acolytes will be arguing that the Russians didn’t help him win in 2016 and that he won on his own in 2020. In reality the electorate might vote for them all because of inflation.
The Supreme Court will be graced by the presence of a great jurist in the person of Ketanje Brown Jackson. Meanwhile the Roberts' Court, which has its lowest rating in decades, faces its response to the impeachable behavior of the Originalist, Justice Thomas.
AT THE END OF THE OTHER DAY
Just as a final thought, why is everyone getting their knickers in a knot because President Biden called for regime change from “the butcher” Vladimir Putin? The latter after all had as his original objective to remove Zelensky and his government. In addition Putin was responsible for regime change in America by the election of Trump and failed in his effort to prevent the Biden regime. What is more he sent assassination teams to kill Zelensky to effect a change of power.
Now Putin is the big victim. Even Trump wants to nuke him.
Biden only hopes, “in G-d’s name”, that Putin should retire to one of his castles or take a life long world cruise on his yacht. The USA State apartment should stop apologizing for Biden’s call for Putin’s exit because he is sticking to his guns. What this whole episode does indicate is the herculean effort Biden has made and has to continue to pursue to maintain allied unity.
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