# 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:** 13\
**Page:** 8

<div class="post-metadata">

**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\
**Post date:** [March 24, 2022, 12:14am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/143 "2022-03-24T00:14:10Z")

</div>

First of all, I’m personally opposed to trying to do a statistical analysis of votes, for the legislature or the courts.

For the courts in particular, the majority of cases they have to deal with are not going to fit neatly into what precedent the Democrats or Republicans appointed them with the goal of setting/changing/maintaining. Even for those that do, sometimes the cases are just out of left field or they don’t fit into the exact precedent a justice wants to be able to set. And sometimes you get “politically apolitical” strategic votes like Roberts has at time made. Examples of this would be dissenting when it’s not the deciding vote, while you may have joined the majority if it mattered, or agreeing to switch and vote in exchanged for a compromised ruling.

I know this isn’t a very satisfying answer, but you have to make a best guess at how justices on each side want to set/alter precedent on a particular issue, see how consistently a majority opinion alters precedent, and how closely divided those votes are. Of course this is entirely guesswork. It’s basically a certainty that none of the justices (OK maybe Alito 😛 ) want to establish legal precedent in a way as simple as some voters do (i.e. just make abortion legal/illegal in all cases), so actually trying to figure out how they want to set precedent is going to have to be an educated guess.

Also for the Trump appointees, it’s definitely going to take years to draw any conclusions about them other than what any of us already thinks about the Roberts court.

---

<div class="post-metadata">

**Author:** ![ekedolphin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ekedolphin/32/10003_2.png) [@ekedolphin](https://boards.straightdope.com/u/ekedolphin)\
**Post date:** [March 24, 2022, 12:16am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/144 "2022-03-24T00:16:03Z")

</div>

Dare I say, _ohhhhhh, here comes the transphobia…_

[![](https://img.youtube.com/vi/9U_cQz-7sT4/maxresdefault.jpg "Ted Cruz: "Could I decide I was an Asian man?"") ](https://www.youtube.com/watch?v=9U_cQz-7sT4)

If you believe Ted Cruz, people go from man to woman and then back to man within an hour.

---

<div class="post-metadata">

**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 24, 2022, 12:43am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/145 "2022-03-24T00:43:25Z")

</div>

> [@The\_Other\_Waldo\_Pepper](#):
>
> I don’t recall anyone saying that about Amy Coney Barrett.

It was kind of a joke, a lame one, I guess, but it typically wouldn’t be Democrats who say that women don’t have the temperament to be a justice, and I doubt the Republicans would say that about one of their own who they are slamming through the process before an election.

---

<div class="post-metadata">

**Author:** ![ekedolphin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ekedolphin/32/10003_2.png) [@ekedolphin](https://boards.straightdope.com/u/ekedolphin)\
**Post date:** [March 24, 2022, 12:47am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/146 "2022-03-24T00:47:49Z")

</div>

[![](https://img.ifunny.co/images/847cc1c8d9626022978e7df6d2797c52a2433dbc94d3028f7d6bbde2b2c48296_1.jpg) ](https://img.ifunny.co/images/847cc1c8d9626022978e7df6d2797c52a2433dbc94d3028f7d6bbde2b2c48296_1.jpg)

---

<div class="post-metadata">

**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\
**Post date:** [March 24, 2022, 12:58am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/147 "2022-03-24T00:58:06Z")

</div>

In fairness, the ABA also rated Barrett well qualified for the SCOTUS.

> **[Why Amy Coney Barrett got a 'well qualified' rating from ABA standing committee](https://www.abajournal.com/news/article/why-amy-coney-barrett-got-a-well-qualified-rating-from-aba-standing-committee)**
>
> Updated: Lawyers and judges who spoke with the ABA Standing Committee on the Federal Judiciary had high praise for Supreme Court nominee Amy Coney Barrett.

---

<div class="post-metadata">

**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 24, 2022, 1:10am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/148 "2022-03-24T01:10:06Z")

</div>

“Qualifications” are part of the theater, like the pointless hearings. It’s a part-time political patronage job, but part of the mystique is the idea that the court is some grand temple of thought where only the brightest lights can be admitted. The Senate, long under the spell of similar delusions about itself, is happy to play along.

---

<div class="post-metadata">

**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\
**Post date:** [March 24, 2022, 2:07am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/149 "2022-03-24T02:07:16Z")

</div>

[LBJ conversing with his future appointee for associate justice.](https://en.m.wikipedia.org/wiki/Abe_Fortas#/media/File%3AAbe_Fortas_with_Lyndon_B._Johnson.jpg). Every POTUS since must’ve pulled out this photo and dreamed.

---

<div class="post-metadata">

**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\
**Post date:** [March 24, 2022, 5:23am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/150 "2022-03-24T05:23:40Z")

</div>

To me, [this picture of her daughter](https://imgur.com/a/YHIlpQK) looking at her in respect and adoration says everything.

---

<div class="post-metadata">

**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 24, 2022, 6:24am UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/151 "2022-03-24T06:24:11Z")

</div>

That _particular_ photograph should be a cautionary tale. Had LBJ been slightly more circumspect in who he appointed, the balance of the court might be different today. Abe Fortas was forced to resign from the court after just three and a half years, and his failed nomination for chief justice ended up giving _both_ seats to Nixon appointees. Nixon ended up bungling one of those seats by trying to appoint two different segregationists (both were rejected by the Senate) and his eventual choice ended up being far more liberal than was expected (Ketanji Brown Jackson has been nominated for that exact seat).

---

<div class="post-metadata">

**Author:** ![SingleMalt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/singlemalt/32/3961_2.png) [@SingleMalt](https://boards.straightdope.com/u/SingleMalt)\
**Post date:** [March 24, 2022, 4:24pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/152 "2022-03-24T16:24:16Z")

</div>

Amy Coney Barrett was a “handmaid” in her religious circle. She has exactly the temperament the Republicans want.

---

<div class="post-metadata">

**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [March 24, 2022, 5:02pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/153 "2022-03-24T17:02:31Z")

</div>

Donald Jr has been banging the “she’s light on pedophiles” drum loudly today. Stay classy, Don.

To balance that out with an unclassy (but much funnier) quote from the other side:

> [@](#):
>
> If Ketanji Brown Jackson really wanted Ted Cruz to treat her with respect she should’ve called his wife ugly.

(courtesy of @OhNoSheTwitnt)

---

<div class="post-metadata">

**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 24, 2022, 5:31pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/154 "2022-03-24T17:31:49Z")

</div>

Outstanding.

---

<div class="post-metadata">

**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:** [February 28, 2023, 6:10pm UTC](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102/155 "2023-02-28T18:10:30Z")

</div>

An update (and perhaps the thread might now be closed?):

> **[Justice Jackson writes 1st Supreme Court majority opinion](https://www.aol.com/news/justice-jackson-writes-1st-supreme-165420434.html)**
>
> The opinion released Tuesday in a dispute between states over unclaimed money is one of roughly a half dozen she is expected to write by the time the court finishes its work for the summer, usually in late June. The decision was unanimous, though all...

[Previous page](https://boards.straightdope.com/t/biden-to-nominate-ketanji-brown-jackson-to-scotus/960102.md?page=7)
