Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is an investigative journalist and writer focusing on the radical Left and Islamic terrorism.
When Biden announced that he would only consider black women for the Supreme Court, the vast majority of Americans rejected racial gatekeeping for the highest court in the land.
76% of Americans wanted him to consider all candidates regardless of their race and gender. Less than a quarter of the country wanted Biden to limit the nomination by race and gender. Even 54% of Democrats rejected Biden’s identity politics quotas and only 28% of non-whites were on board with his pledge to reject all other potential nominees based solely on their skin color.
After Biden’s announcement that he had chosen Ketanji Brown Jackson as his nominee, the majority of Americans continue to reject Biden’s racial determinism for the Supreme Court.
When asked to respond to a leading question by a Washington Post/ABC News poll as to whether, “having a black woman as a justice on the U.S. Supreme Court would be a good thing for the country, a bad thing for the country, or would make no difference?”, the majority, or 48%, correctly concluded that it would make no difference. 45%, a number largely made up of the 78% of Democrats, insisted that somehow Jackson’s race would transform the country.
The majority of Americans know better.
The boring truth about Ketanji Brown Jackson is that, like so many other judges, she’s just another Harvard grad, born with a silver spoon in her mouth, and raised by a prominent attorney. Much like Hollywood trying to make the same old movies and shows exciting by recasting the characters as black, Jackson is the same old judicial activist in a new color.
Biden, who had twice blocked and filibustered the nomination of Judge Janice Rogers, a well-qualified black female judge nominated by the Bush administration, over her pro-Constitution views, and his political and media allies who are even now waging a concerted war against Justice Clarence Thomas, the only currently serving black justice whose nomination they had tried to block, are cynically tokenizing Jackson’s nomination as a shining new beacon of racial progress. As if having a black female justice will accomplish something historic that having multiple black male justices and female justices of other races had failed to achieve.
We do know why Biden picked Jackson and it wasn’t because of her gender or race. While Biden will no doubt enjoy occasionally leaning in to sniff her hair as he shows her around, the real litmus test wasn’t to be found in her skin color or in an examination of her chromosomes.
Biden picked Jackson for the same reason that he fought to keep Judge Janice Rogers off the Court of Appeals which would potentially have put her on a pathway to the Supreme Court.
As legal scholar Jonathan Turley notes, leftists wanted a nominee “willing to expand the meaning of the Constitution without constitutional amendments”.
The choice had come down to Judge J. Michelle Childs, who had the backing of not only Democrats, but some Republicans, and of Senator Manchin, because she is a moderate, and Ketanji Brown Jackson who has a history of constitutional violations and abusive power grabs.
Demand Justice, the radical leftist Soros group, which had boasted of “bullying” Justice Breyer off the bench, had ordered Biden to nominate Ketanji Brown Jackson instead of Childs.
Biden met with both Childs and Jackson and what he truly wanted to know was whether they would be loyal to the Constitution, or to him, and to the radical leftists standing behind him who want to transform America by perverting the Constitution into a mandate for unlimited power.
As Turley again notes, “Biden stressed that his nominee must follow a ‘living constitution’ approach, including a broad view of ‘unenumerated rights.’ When asked if she supported such an approach, Childs answered “no.” Jackson, in contrast, has been far more obscure and conflicted in her response.”
When it comes to Supreme Court nominees, anything other than a “no” is really a “yes”.
Will a Justice Jackson change the Supreme Court and the country? Yes, but not because of her race. Race is the least interesting thing about Jackson and yet it’s what we will hear the most about because it is a convenient distraction from her radical and secretive judicial philosophy.
With little in the way of written materials and responses to big picture constitutional questions that have her playing dumb, Jackson is an anti-constitutional trojan horse flying the false flag of identity politics. As if nominating a Harvard grad who happens to be a black woman, as opposed to a white man, is some sort of great step forward for the wretched of the earth.
Biden is not using his court nomination, which his Soros backers at Demand Justice secured by, in their own words, “bullying” a liberal Jewish justice off the Supreme Court, to uphold identity politics. He has militantly opposed at least one black female justice, and was able to choose between two black female judges, nominating the one that fits a radical leftist agenda.
Biden clearly doesn’t believe his own rhetoric about the Supreme Court being in dire need of a black female judge. The only ones dumb enough to believe it are MSNBC viewers who gobble up the black nationalist ravings of Ibram X. Kendi and Ta-Nehisi Coates and cheer Black Lives Matter mobs as they burn down cities every time a drug dealer gets rightfully shot by police.
But identity politics covers up a multitude of sins. Just ask Black Lives Matter, which was able to operate a $60 million fund on terms that would have seen a neighborhood bodega shut down in minutes. Even white Antifa rioters were able to terrorize Portland for a year because they claimed to be attacking police officers and federal officials in the name of racial justice.
Biden has mastered the art of deflecting criticism of his corruption and incompetence by using black women as human shields. It began with Kamala Harris, who was grossly unready to serve in the White House, but whose nomination made a ticket headed by an old white hack seem transformational and whose continued presence makes it all but impossible to remove or bypass Biden from an office that he is equally unfit to occupy on ethical and moral grounds.
The only reason Biden picked Jackson is because he believes that she will be loyal to him, not to the Constitution and to her oath of office. He also expects to sweep away any objections to her radicalism by having his media accuse critics of racism and sexism. And once Jackson taints the Supreme Court with her corrupt presence on the bench, any opposition to her views by the rest of that body, including by Justice Thomas, will also be denounced as sexist racism.
Or occasionally racist sexism, just to shake things up.
Much like Justice Sotomayor, the original “Wise Latina”, whose gender and Southern European ancestry somehow endowed her with a wisdom that transcended her poor legal reasoning, Jackson’s “lived experience” will be used to claim that she possesses insights on account of the combination of her gender and race that we ought to submit to in place of the actual law.
The good news is that Americans aren’t buying it. Polls show that the people are rejecting the racial determinism that is being used to trade away our rights for racial privileges. As the Supreme Court prepares to consider the unconstitutional racial discrimination of affirmative action, most Americans have once again come to believe in a color-blind legal system.
Americans know that what really matters isn’t gender or race, it’s equal rights under the law.
Biden’s selection process and his nomination have been an insult to the very idea of equal rights. Even if he installs his insult on the Supreme Court, it will never change the Constitution.