When asked about her judicial philosophy, #KBJ talks about all the right things—neutrality, judges staying in their lane, rejecting a living Constitution, looking at original public meaning. But talk is cheap and her record shows otherwise. /1 foxnews.com/opinion/suprem…
Jackson is trying to sound like an originalist/textualist because that’s what Americans want from their judges.
They don't want judges who are going to be politicians in robes rubber-stamping radical left-wing policies. /2
They don't want judges who are going to be politicians in robes rubber-stamping radical left-wing policies. /2
Jackson also tries to have it both ways when she makes such statements while saying she has no clear approach to judging. /3
And note Jackson's reference to the non-existent “14th Amendment “substantive due process clause”—a tip of her hand that she embraces a favorite tool of judicial activists? /4
https://twitter.com/EdWhelanEPPC/status/1506265171945267207?s=20&t=X7Ji6-Ox0KoVofZ2nx8rcw
We have seen this playbook before from Democratic nominees who end up members of the Court’s liberal/anti-originalist bloc.
Recall Justice Kagan famously saying during her hearings “we are all originalists.” /5
legaltimes.typepad.com/blt/2010/06/ka…
Recall Justice Kagan famously saying during her hearings “we are all originalists.” /5
legaltimes.typepad.com/blt/2010/06/ka…
But once on #SCOTUS, Kagan was glad to take anti-originalist positions, even explicitly distancing herself from “some people on this bench” who believe originalism “is the alpha and omega of every constitutional question.” /6
https://twitter.com/JoshMBlackman/status/1070778482022600714?s=20&t=NUpPBcKuHJfENFDE6J5SpQ
There is no justice more committed to originalism than Justice Thomas. Judge Jackson admitted years ago she did not understand him and has been known to disagree with his judicial philosophy.
Is she now saying she has changed her mind? /7
abcnews.go.com/Politics/ketan…
Is she now saying she has changed her mind? /7
abcnews.go.com/Politics/ketan…
Recall also Justice Sotomayor during her hearings explicitly rejected the “empathy” standard and said she accepted the Heller decision protecting the right to bear arms.
Once on the Court, she voted to undermine that right in the McDonald case. /8
reuters.com/article/us-usa…
Once on the Court, she voted to undermine that right in the McDonald case. /8
reuters.com/article/us-usa…
We have seen this script play out again and again. Actions speak louder than words. No one can say with a straight face #KBJ is an originalist.
You’d better believe if there were any chance she would be an originalist justice, she wouldn’t be sitting in that chair. /9
You’d better believe if there were any chance she would be an originalist justice, she wouldn’t be sitting in that chair. /9
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