# Biden to nominate Ketanji Brown Jackson to SCOTUS

**URL:** <https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102>\
**Category:** Politics & Elections\
**Created:** [February 25, 2022, 2:02pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102 "2022-02-25T14:02:59Z")\
**Posts on this page:** 20\
**Page:** 6

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**Author:** ![Omniscient](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omniscient/32/3290_2.png) [@Omniscient](https://boards.straightdope.com/u/Omniscient)\
**Post date:** [March 23, 2022, 12:18am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/103 "2022-03-23T00:18:06Z")

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> [@BigT](#):
>
> So you are still in effect saying they shouldn’t have nominated her, saying they’ll pay for that decision politically.

No I’m not. Find another strawman.

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**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\
**Post date:** [March 23, 2022, 12:21am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/104 "2022-03-23T00:21:42Z")

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> [@carrps](#):
>
> Josh Hawley is not much better.

The man proved to be incredibly dumb.

He tried to pillory her by asking if she contacted the victims before sentencing a guy for drug possession.

“There was nobody to contact” should be obvious enough that she shouldn’t need to say it.

And then he challenged her on whether she wanted more or less cops.

To paraphrase her answer “You’re a member of the legislature, who makes such policy decisions. That’s your job, and I’m gonna stay being a judge.”

I think she’s going to be my new favorite Justice. Sonya Sotomayor is going to be so jealous!

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**Author:** ![Omniscient](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omniscient/32/3290_2.png) [@Omniscient](https://boards.straightdope.com/u/Omniscient)\
**Post date:** [March 23, 2022, 12:22am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/105 "2022-03-23T00:22:13Z")

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> [@bobot](#):
>
> OK, so allow me to repeat two questions. 1) So what? 2) What’s the alternative?

Perhaps you should read the thread for context.

Several people said that the GOP would not fight her appointment so as to not look like bigots since all it does is maintain the status quo. All I said was the GOP might be playing a more complicated game here, that having a boogeyman is politically advantageous for them.

Why so many of you are acting all triggered over that hypothesis is not something I’m going to waste time analyzing.

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**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\
**Post date:** [March 23, 2022, 12:27am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/106 "2022-03-23T00:27:03Z")

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> [@Omniscient](#):
>
> the GOP might be playing a more complicated game here, that having a boogeyman is politically advantageous for them.

There’s no “might” about it.

But it’s going to be true of anybody who the democrats nominate. They are always going to be a boogeymen. If not because of her race and gender, then for whatever other superficial qualities the Republicans can identify.

In truth, this judge is incredibly well credentialed. In fact, as a practicing trial attorney, I’d say that the chance to have a judge who has actually done jury trials at the Supreme Court level is quite exciting! It’s incredible that it’s not more common.

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**Author:** ![Omniscient](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omniscient/32/3290_2.png) [@Omniscient](https://boards.straightdope.com/u/Omniscient)\
**Post date:** [March 23, 2022, 12:30am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/107 "2022-03-23T00:30:44Z")

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> [@Moriarty](#):
>
> But it’s going to be true of anybody who the democrats nominate.

I don’t think that’s true. While they will TRY to make a boogeyman out of anyone, it would have been much harder to stir up outrage from the base if it were Merrick Garland up there.

> [@Moriarty](#):
>
> I’d say that the chance to have a judge who has actually done jury trials at the Supreme Court level is quite exciting! It’s incredible that it’s not more common.

As someone else noted upthread the Supreme Court doesn’t really operate like a trial court. Having a trial lawyer/judge probably brings something to the table, but I’m not quite sure that it’s necessarily going to make her a better justice since the dynamic here is so different.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [March 23, 2022, 12:32am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/108 "2022-03-23T00:32:33Z")

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> [@Omniscient](#):
>
> Perhaps you should read the thread for context.

Perhaps. I’ll grant you that. Perhaps I should read the whole thread to guess at your answer about a question I posed about something specific you posted. Perhaps.  
Perhaps I should.

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**Author:** ![Omniscient](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omniscient/32/3290_2.png) [@Omniscient](https://boards.straightdope.com/u/Omniscient)\
**Post date:** [March 23, 2022, 12:35am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/109 "2022-03-23T00:35:21Z")

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So you’re saying you cherry picking my comment out of context was a feature and not a bug? Thanks for clarifying your intent.

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**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\
**Post date:** [March 23, 2022, 12:36am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/110 "2022-03-23T00:36:04Z")

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> [@Omniscient](#):
>
> it would have been much harder to stir up outrage from the base if it were Merrick Garland up there.

It’s really that racist and misogynistic, huh?

> [@Omniscient](#):
>
> Having a trial lawyer/judge probably brings something to the table, but I’m not quite sure that it’s necessarily going to make her a better justice since the dynamic here is so different.

Yes, it brings something significant to the table - a “boots on the ground” perspective on how judicial rules and procedures are implemented. That’s quite a valuable piece of input since the Supremes write the rules of procedure.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [March 23, 2022, 12:36am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/111 "2022-03-23T00:36:34Z")

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No; I asked you a question, that’s all. Perhaps let it go, I guess, if you don’t feel like answering it. That’s what I’d do.

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**Author:** ![Omniscient](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omniscient/32/3290_2.png) [@Omniscient](https://boards.straightdope.com/u/Omniscient)\
**Post date:** [March 23, 2022, 12:37am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/112 "2022-03-23T00:37:55Z")

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> [@Moriarty](#):
>
> It’s really that racist and misogynistic, huh?

We’re talking about the GOPs base here, of course it is.

> [@Moriarty](#):
>
> That’s quite a valuable piece of input since the Supremes write the rules of procedure.

Can you elaborate for a non lawyer?

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**Author:** ![madmonk28](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madmonk28/32/20811_2.png) [@madmonk28](https://boards.straightdope.com/u/madmonk28)\
**Post date:** [March 23, 2022, 12:40am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/113 "2022-03-23T00:40:06Z")

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This is the party that marches with actual Nazis and tried to overthrow democracy.

> **[Republican Sen. Mike Braun says Supreme Court was wrong to legalize...](https://www.salon.com/2022/03/22/sen-mike-braun-says-was-to-legalize-interracial-marriage/)**
>
> Interracial marriage, the Indiana Republican argued, should have been left to states

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**Author:** ![Chingon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chingon/32/17645_2.png) [@Chingon](https://boards.straightdope.com/u/Chingon)\
**Post date:** [March 23, 2022, 12:42am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/114 "2022-03-23T00:42:49Z")

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> [@Omniscient](#):
>
> Her experience appears very light on a cursory review.

> [@Omniscient](#):
>
> Can you elaborate for a non lawyer?

How did you manage lose your knowledge to suspect her experience in the matter of hours?

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**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\
**Post date:** [March 23, 2022, 5:33am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/115 "2022-03-23T05:33:30Z")

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The idea that Supreme Court justices need some great wealth of judicial “experience” (which, to be clear, I think Judge Jackson has) is an invention of the late 20th century and I don’t see that it’s done anything to noticeably _improve_ the court.

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [March 23, 2022, 11:39am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/116 "2022-03-23T11:39:08Z")

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**Modnote** : To everyone, get back to discussion of the issues and don’t make this personal. The attack the post and not the poster is the golden rule in P&E and GD. Have a good discussion, don’t go after other posters or try to goad them.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [March 23, 2022, 1:20pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/117 "2022-03-23T13:20:42Z")

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Looks to me like she’s doing well and is likely to be confirmed, but I hadn’t thought of this:

> **[Jackson is handing conservatives one key victory | CNN](https://www.cnn.com/2022/03/22/opinions/jackson-hearing-conservative-win-ideological-war-toobin/index.html)**
>
> CNN chief legal analyst Jeffrey Toobin writes that Judge Ketanji Brown Jackson's Supreme Court confirmation hearing demonstrates how conservatives are winning the ideological war over the Constitution.

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**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\
**Post date:** [March 23, 2022, 1:28pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/118 "2022-03-23T13:28:44Z")

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That opinion piece is ludicrous. Nominees always talk about staying neutral, calling balls and strikes, the importance of stare decisis, and then they get on the court and do what they want.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [March 23, 2022, 1:45pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/119 "2022-03-23T13:45:08Z")

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on to day 2. i believe we start with 2 senators that did not have a go yest… then on to 22 senators going 20 minutes today. another long day. i can only imagine judge jackson’s family dinner last night, after some of the comments and grandstanding.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [March 23, 2022, 1:46pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/120 "2022-03-23T13:46:04Z")

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Two fairly obvious things:

- It bears repeating that “activist judge” means: a judge whose decision you didn’t like – no more, no less;
- We’ve seen a trend in the last generation of SCOTUS Justices not voting the way the administration that appointed them hoped they would vote.

It’s really TBD how Justice Jackson would rule on … anything.

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<div class="post-metadata">

**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [March 23, 2022, 2:34pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/121 "2022-03-23T14:34:41Z")

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Right. The key SCOTUS skill is to be good at portraying one’s own preferences as a fair, neutral, and objective reading of the Constitution and law. Who can sound fairest? Who can sound most neutral, and most objective? That often has little to do with who and what actually fairest, most neutral, and most objective.

In a non-political, non-ideological SCOTUS maybe we could have actual fairness, neutrality, and objectivity. But those days are long gone, or more likely never actually occurred.

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<div class="post-metadata">

**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [March 23, 2022, 2:44pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/122 "2022-03-23T14:44:04Z")

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With regards to the criticism of Jackson over her under-sentencing some defendants, frankly, the Federal Sentencing Guidelines are often draconian anyway. Jackson should or could have said that everyone, not just child-porn defendants, deserve lesser sentences than what the guidelines called for.

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