Republicans Can Stop the Ketanji Brown Jackson Nomination

Around the Ides of March 2020, the United States entered into a period we might call “corona communism.” From church closures to the widespread assault on property rights, the communist onslaught was allowed on these hallowed shores by simply claiming to benefit the public health. Over the past two years, a particularly troubling revelation is how children have been taken advantage of, harmed, and relegated even further to an inferior—almost subhuman—status in society. 

With this concern on my mind, I watched Supreme Court nominee Ketanji Brown Jackson’s horrifying testimony at her confirmation hearings two weeks ago. The hearings revealed how Jackson has spent a significant portion of her legal career apologizing for pedophiles and those who traffic in images of the rape of children. More than just apologizing, Jackson has helped alter the judicial system in order for perpetrators to commit the same crimes more easily again. 

Why is there no accountability for judges like this? Where is the justice for the victims? Decent members of society recognize that pedophilia and child pornography are problems. Yet Jackson, who received the support of Republicans Lindsay Graham and Susan Collins last year in her confirmation to the D.C. Circuit Court of Appeals, stands poised to be promoted to the highest court in the land. Who will protect society from the judges? 

There is likely far more to Jackson’s troubling record. But Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) has refused to release Jackson’s complete records, in particular, records from her tenure on the U.S. Sentencing Commission. Jackson’s nomination is being hurried to a committee vote Monday, ahead of the Easter recess. What could possibly be the rush? As if it were not disgusting enough that a judge like Jackson sits on the federal bench, Americans are getting a Resurrection Sunday present of this judge being ushered into a lifetime Supreme Court appointment with bipartisan support. 

Even though Republicans do not control the Senate majority, they have the means of slowing the process to insert some much-needed deliberation to this hasty process.  

The Federalist’s Rachel Bovard cites a technique that has been used effectively by such legislative impresarios as Senators Rand Paul (R-Ky.) and Pat Toomey (R-Penn.) to block legislation and nominations at the committee level. Senate Rule 26 gives veto power to the minority over practically anything. The catch? It only works when the Senate is in a 50-50 tie, as it is right now. The Republicans could simply refuse to provide a quorum in the committee for the Jackson vote, permanently stalling the vote and all but ending her nomination. Using Senate Rule 26, Republicans could avert a terrible catastrophe for the Court.

But the problem is not just that Jackson has no business being a Supreme Court justice. She has no business on the federal bench at all. The power of impeachment is not limited to just presidents. The House of Representatives has impeached and the Senate has removed federal judges in the past. Jackson, with her bizarre leniency toward pedophiles, would make an excellent candidate. 

Bottom line: Someone who covers for sex crimes against minors has no place in the federal judiciary. The Democrats need to know that they will not be allowed to squeeze through a nominee like this again, and if they do, then that person’s position as a judge should be considered at stake. 

Judges who make themselves advocates of reprobate and harmful behavior need be investigated and, if appropriate, removed from the job as trusted public servants. Senators have an important constitutional obligation of oversight over the judiciary. 

Our children do not need lip service. They need action.

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