What's up law nerds, old and new! It's @AngryBlackLady here. I'm going to be on the confirmation hearing 1's and 2's over here for the next few days so grab a chair and let's do this thing.
The fun (??) starts in 15 minutes.
What to expect:
✅Shenanigans.
✅Overt racism.
✅Thinly veiled racism.
✅Misogynoir (that glorious mélange of racism and sexism).
✅Fragility. Someone—my money is on John Kennedy—will ask her "Do you think I'm racist? Because I'm not you know."
✅Overtures to the QAnon base.
Here we go! Sen. Durbin is giving his opening remarks. This is a majorly historical moment. Too bad the live stream audio is jacked.
Apparently the livestream on the senate feed is better than C-Span!
Durbin says to KBJ: "it's not easy being the first. Often you have to be the best and the bravest."
Ain't that the truth, Dick!
Durbin shouts out the Black women who are rallying for KBJ. Shout out to @sistascotus.
We've come a long way since 1790, Durbin says.
Have we though? It's 2022 and we are just now confirming a Black woman to the court.
But go ahead, Durbin. I feel you.
Durbin is basically giving the side-eye to Republican senators and basically asks them not to act the fool with KBJ.
Durbin is talking about KBJ's time at the U.S. Sentencing Commission and notes that Republicans agreed with her when it comes to excessive mandatory sentencing.
Durbin is trying to head off Republican whinging at the pass, but we know they're gonna whinge anyway.
Durbin says that KBJ's record has been scoured on four different occasions. 600 opinions read and re-read. 10,000 pages of documents.
Every published and reported word has been evaluated.
She won't be a rubber stamp for Biden, he says.
UNLIKE THE FED SOC 6. (my addition.)
Durbin is saying that the "Soft on crime" charges are unfair and points to fact checkers who have exposed these charges as bs.
He calls out Hawley without calling him by name: "meritless to the point of demagoguery."
He also says that the dark money charges are absurd.
Chuck Grassley is talking. He's now whinging about the Kavanaugh hearings.
HEY CHUCK, KBJ WASN'T CREDIBLY ACCUSED OF SEXUAL ASSAULT.
Chuck is yammering about originalism which is a bs jurisprudential philosophy that doesn't even hold up to the closest scrutiny.
What a bunch of white landowners in 17-whatever believed shouldn't make a difference to non-white landowners.
Chuck Grassley just used the word "racious" which isn't a word.
Pop quiz hot shot:
Which Senator praised KBJ for her criminal justice work and particularly said he appreciated her work on sentencing reform?
I just need you to understand how much of a farce this is. She has been confirmed three times. Two judgeships and the U.S. Sentencing Commission.
Like... come on. How much has her judicial philosophy changed since she was confirmed to the D.C. Circuit?
Grassley has the nerve to complain they didn't get to see the documents from when KBJ was on the Sentencing Commission. They're not AVAILABLE for 20 years he says, but that's not gonna stop him from complaining.
Let's not forget that they withheld THOUSANDS of Kavanaugh docs.
Still wondering who paid off Kavanaugh's debts, Charles.
There are no dark money groups on the left that even COMPARE to the Federalist Society. We Demand Justice is not the Federalist Society. Not even close.
GIVE ME A BREAK, CHUCK.
Republicans literally allow @FedSoc to pick their judicial nominees.
Grassley whining about Democrats accusing Republicans of being jerks to nominees who defended criminal justice defendants.
"IT'S NOT TRUE" he says.
He notes that Roberts and Barrett represented criminal defendants.
Says there are "Bill of Rights lawyers" and "criminal defense lawyrs." Huh??
He's intimating KBJ disagrees with criminal laws and wants to undermine them. But just the Black lady. Not Roberts or Barrett. The white justices LOVE criminal laws.
That's one racism for Grassley.
Patrick Leahy is up. Grassley stopped talking and I thanked tiny infant Jesus.
Leahy brings it back to the point:
Jackson is not a judicial activist. Not a puppet of the radical left. She's been praised by Republican appointed judges for her jurisprudence. Lawyers from the right & left who have appeared before her have called her judicious and evenhanded."
I just keep coming back to the face that this woman has been confirmed already—MULTIPLE TIMES.
But Republicans are gonna act brand new anyway.
Here comes Lindsey Graham to drawl about some nonsense.
"Count me in on the idea of making the court more diverse" he says.
blah blah blah
They're really going in on this "we hate the living constitution" crap.
Graham also whinging about the Kavanaugh hearing.
Good thing KBJ wasn't credibly accused of sexual assault, isn't it Linds?
If KBJ does a keg stand, she will be a HIT with the Republicans on the committee.
Graham is all "CALL ME RACIST. WE DON'T CARE."
And then says to Hawley he should ask her about her "soft on crime."
Now he's complaining about J. Michelle Childs not getting the nom.
NOBODY CARES, LINDSAY.
Graham also said something about asking "colored questions" which I will assume was a misspeak.
I won't dock him for a racism on that one.
Here's the tally so far.
"The radical left likes you. WHY DO YOU THINK THAT IS."
"They won't attack you the way they attacked Kavanaugh."
That's Graham's line of questioning.
AGAIN: KBJ WASN'T CREDIBLY ACCUSED OF SEXUAL ASSAULT.
Graham calls her a beneficiary of Republicans having their lives turned upside down.
He's whinging that Childs didn't get picked. Judge Childs would've gotten 60+ votes, he says.
You don't get to decide, you asshats.
Elections have consequences!!!
As someone I used to know used to say: "He sounds like a whites only drinking fountain."
Here comes DiFi.
After pointing out she's been on the SJC since it was formed and has sat for every SCOTUS nomination process, Feinstein notes that KBJ has been confirmed by the Senate Judiciary Committee THREE TIMES.
So what the hell are we doing here people—that's her vibe.
OH god. Here comes John Cornyn.
REMINDER:
At her D.C Circuit confirmation hearing, Cornyn asked her "What role does race play in the kind of judge you have been and the kind of judge you will be?"
Have you ever heard a white nominee asked that question?
No. No you haven't.
Cornyn is whining about court packing. Republicans are very concerned that Democrats will unpack the Courts so that the ultra conservative Federalist Society isn't making the law that affects the civil rights of people in this country.
UNPACK THE COURTS.
The amount of whinging about We Demand Justice is incredible.
Cornyn concerned about her not having "clarity" on her judicial philosophy.
Again, Cornyn is dry humping originalism. Even cites The Federalist Papers which... who cares about the Federalist Papers anymore.
Cornyn says that her representation of Gitmo detainees has "gone beyond the pale."
THEY DON'T BELIEVE IN DUE PROCESS FOR BROWN PEOPLE.
Ethical rules REQUIRE attorneys to zealously defend their clients. So complaining that KBJ did so is absurd.
One can imagine if she HADN'T zealously represented her clients, she'd be called incompetent.
Black women lawyers have to be PERFECT and even then *gestures broadly*
Sen. Whitehouse is going in on dark money groups... and he's talking primarily about THE FEDERALIST SOCIETY but also groups like the Judicial Crisis Network.
I appreciate you, Sen. Whiteboard.
There's a reason why @Hegemommy and I joked and called him His Rumpled Hotness.
We love a nerdy senator.
Mike Lee is up. He's going to whinge about Kavanaugh again...
EXCEPT KBJ WASN'T CREDIBLY ACCUSED OF SEXUAL ASSAULT
Mike Lee is lying when he says that the allegations against Kavanaugh were uncorroborated.
Mike Lee is dry humping the Constitution. He says it was written by wise men (I heard white men, which is also accurate.)
The Constitution was written by a bunch of 30 year old slavers. Who cares what they thought. NOT ME.
Honestly why should a Black woman interpret the Constitution the way a bunch of drunk ass slaveholders or the public—which was comprised of drunk ass slaveholders—would have?
Seriously. Stop it.
I don't listen to slaveholders. I don't care what they think.
I'm pretty sure @ElieNYC's book has made me militant about the Constitution being trash. Thanks, Elie!
Mike Lee is whining about court packing.
Republicans know they are screwed.
he says 9 isn't in the Constitution but it's one that "works."
For why? Says who?
The Federalist Society packed the Court with conservative drones. If Democrats had the stones, they'd unpack it.
Klobuchar is up and I expect her to be midwest white lady shady, which I'm here for.
Klobuchar shouts out Ketanji Brown Jackson's purple suit and Prince. LOL.
Klobuchar notes that KBJ is a working mom.
Remember how conservatives couldn't stop gushing about how great a mom that Barrett is?
It matters that KBJ is a working mom and still had to be the best to rise to her level.
Don't rape or sexually harass people and maybe your confirmation process will be smoother.
Cruz is whinging about filibustering Gorsuch as if the reason for that filibuster wasn't REFUSING TO EVEN START THE PROCESS TO CONFIRM MERRICK GARLAND.
Cruz is such a hypocrite.
Chris Coons is up. He's saying nice things about Justice Breyer. He really seems to like Stevie B.
Coons calls KBJ's legal career stellar.
Coons mentioning that he's gotten letters from late enforcement, republican appointed judges and luminaries and they all say KBJ is even handed and judicious.
Which is why all the republican whinging is in bad faith.
But yeah. They're gonna call her a pedophile because reasons.
Here comes Ben Sasse Molassey.
Professor Sasse is saying that all three branches are screwed and grabbing power.
Says SCOTUS tends to overstep the bounds the Constitution sets in terms of judicial power.
More yammering about how SCOTUS is policy making and activist judges.
LOL. This clown.
Reminder the Federalist Society picks Republican nominees outright.
And then they complain about policy making. It's a crock.
Now Sasse is dry humping originalism which again... is a bs philosophy that doesn't withstand passing scrutiny.
I do appreciate Sasse's use of the term "jackwagons" though.
Sasse is clutching his pearls about ugliness in the process, but again:
credible. sexual assault. allegations.
Sasse is waxing philosophical about how they need to figure out what KBJ's judicial philosophy is.
Hey Ben? She's been confirmed THRICE. You know what her judicial philosophy is. Put the chalk and laser pointer down and stop talking. Immediately.
If this man doesn't shut his mouth I stg.
This is a farce. YOU JUST CONFIRMED HER LAST YEAR.
all of this whinging from members of a party whose leader said they would only nominate justices who would overturn Roe.
They are all hypocrites and thank you very much but I hate it.
Blumenthal is up and he just wants to talk about KBJ and maybe get an ice cream cone. He says the appointment of a Black woman to the court should have happened long ago.
"Your service will make the Court look more like America and make the Court think more like America."
Nice.
Blumenthal: You advocated for people who couldn't afford their own lawyer.
Republicans will call this "being soft on crime."
Blumenthal: You would bring more experience as a trial judge than any other justice on the Supreme Court.
No diggity.
Blumenthal is hitting back on the child porn/pedophile allegations that the GOP has concocted.
"one thing you learn as a litigator is never promise a jury evidence you don't have. There's no evidence to support these unfounded attacks."
"meritless to the point of demagoguery."
In a year when the Supreme Court has straight up ignored precedent, it's pretty rich that Republicans are complaining about judicial policy making.
She's going over Jackson's accomplishments because she says they are worth repeating.
No word on whether she's going to put Hawley in a headlock.
I really like that Hirono just uses the term "Black" and not "African-American."
It's my personal view that people who are comfortable with Black people have no problem calling us Black.
Hirono is clapping back at people saying KBJ was nominated for her race and that it's affirmative action.
She says it's not about a quota. It's about time. It's about time we have a Black woman on the Court. It's about time Black women and girls can see themselves represented.
BREAK TIME.
Jesus. Give me a warning before you throw Tom Cotton in my face.
We got our first CRT mention. *eyeroll*
Tom Cotton called the Floyd protesters "street militias" and implies that Jackson doesn't like white people.
That's at least one racism for Tom Cotton.
Cotton is claiming that it doesn't matter she was already confirmed to two prior courts because he wants to go at her with racist bs.
But it also implies that Senate Judiciary Committee didn't do their job the first two times around.
That's a self-own.
Cotton is a bad person. Like a legitimately bad person.
"I didn't vote for you for Circuit Court but you need to convince me why I should vote for you now."
Like hell she does. You're not voting for her anyway. Stop talking.
Sen. Booker is up and he is DELIGHTED.
Booker wants to talk about joy. He says this has never happened before. "The Senate is poised to break another barrier. We are on the precipice of shattering another glass ceiling."
"I have a sense of joy," he says.
Booker is like a kid right now. He's so EARNEST.
He shouts out Deltas.
John Kennedy is up and we're all worse for it.
I honestly don't care about anything this man is saying.
"Federal judges don't make law."
SO THEN WHY IS THE SUPREME COURT PRETENDING LIKE ROE V. WADE ISN'T GOOD LAW IN TEXAS.
Sen. Padilla is up. And he has a friendly face.
Sen. Padilla closed his remarks in Spanish which was lovely to hear.
And now Thom Tillis is up and he's talking about "African American females" so see my above tweet for my thoughts on that.
Tillis is dry humping originalism. "I reject the notion that the Constitution is a living document."
That's because you're white, bro and the Constitution was written by other white bros who didn't give a care about anyone who was non-white and non-bro, BRO
Even when these dudes are complimenting KBJ, it sounds condescending.
Nobody cares about your whereabouts, Thom. Literally nobody cares. "I will be here all week." AND?!
He is determined to figure out the judicial philosophy of this completely unknown "African-American female" who has never sat in this same seat and been grilled by these numpties.
Sen Ossoff discusses Ahmaud Arbery, a Black man who was gunned down.
We like Ossoff. He's being very complimentary.
"As a Black woman you have overcome deeply rooted obstacles to earn the nomination to our highest court."
Hello! @AngryBlackLady here for Day Two of SCOTUS confirmation hearing! What to expect:
✅ Overt racism
✅Whinging about critical race theory
✅intimations that Jackson loves child abuse
✅dry humping originalism and the Constitution
✅nonsense speechifying by Senators
Durbin is up and asks KBJ about her judicial philosophy. @Hegemommy made a great point yesterday that her answer in her statement yesterday was not different from what John Roberts said about calling balls and strikes. But the Senators will treat her differently; I wonder why.
KBJ has 3 steps:
1. She clears the decks of any preconception. 2. She evaluates all the facts from all perspectives: all the parties and amici. 3. interpretation and application of the law to the facts in the case. This is where she understand the constraints on her authority.
BREAKING: Justice Stephen Breyer is set to retire leaving a vacant Supreme Court seat, and the opportunity for @POTUS to fulfill his promise of nominating the first Black woman Supreme Court justice.
Our legal team—@Hegemommy, @AngryBlackLady, and @ms_creilly—have compiled a list of Black women who President Biden could pick to fulfill his promise to nominate the first Black woman SCOTUS justice.
Are you ready?
Ketanji Brown Jackson is the second woman to sit on the D.C. Circuit Court of Appeals and was nominated by Biden in 2021.
She formerly clerked for Justice Breyer and was a federal public defender.
She is seen as a frontrunner due to the D.C. Circuit Court to SCOTUS pipeline.
“Forced sterilization laws are not an aberration—they are part of a larger, horrifying system that prevents disabled people from making basic decisions about their lives, their families, and their futures,” says Ma’ayan Anafi, author of the report.
🚨 31 states + DC have laws explicitly allowing the forced sterilization of disabled people (the most recent were passed in 2019 in Iowa and Nevada)
🚨 17 states allow forced sterilizations on disabled children (only 3 states explicitly prohibit this)
Abortion pill “reversal” is a myth created by anti-choice organizations and is not backed up by mainstream physicians. But abortion pill reversal websites, pamphlets, and organizations don’t want you to know that.
SO, we put together a list of major anti-abortion myths and debunked them for you. Starting with...
FALSE: Life begins at conception
The question of when life begins is a philosophical question, a religious question, a spiritual question— everything BUT a legal question. And considering that it’s pretty much impossible to determine exactly when conception occurs, we have no business legislating abortion.
NEW: In #WholeWomansVJackson, the Supreme Court has ruled that abortion providers can move forward with their #SB8 challenge against some, but not all of the defendants.
NEW: In #USvTexas, the Supreme Court dismissed the Biden administration’s request to block enforcement of #SB8.
Ahead of Supreme Court decisions in the two biggest abortion cases since #RoeVWade, the future looks pretty grim. But it doesn’t have to. And one state is giving us a blueprint to what a pro-abortion United States could look like.
This week the California Future of Abortion Council released a list of 45 recommendations, backed by abortion providers and advocacy organizations like @PPActionCA.
And this plan has legs—@CAgovernor@GavinNewsom and state @SenToniAtkins have voiced their support for these recommendations and could get the executive and legislative branches behind them.