# So is Ketanji Brown Jackson getting on the Supreme Court or not? **URL:** \ **Category:** Politics & Elections\ **Created:** [March 23, 2022, 4:32pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573 "2022-03-23T16:32:51Z")\ **Posts on this page:** 20\ **Page:** 10
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [March 28, 2022, 10:29am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/181 "2022-03-28T10:29:29Z")
True. This was such an easy win for the Rs. Vote to confirm, and then use that vote to show: “See? I’m not racist!” ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [March 28, 2022, 11:49am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/182 "2022-03-28T11:49:38Z")
Why stop now? In a way, the Republicans have created an enviable space for themselves. Say **anything** using certain words or fringe ideas and you can’t lose. No serious consequences from your supporters or threats of sponsor disapproval. If not for the cameras it could almost be a no-show job thanks to Twitter. ---
**Author:** ![Mahaloth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mahaloth/32/1079_2.png) [@Mahaloth](https://boards.straightdope.com/u/Mahaloth)\ **Post date:** [March 28, 2022, 1:18pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/183 "2022-03-28T13:18:32Z")
> [@Grrr](#): > > True. This was such an easy win for the Rs. Vote to confirm, and then use that vote to show: “See? I’m not racist!” It’s true. It reminds me of John Cleese talking about Trump and how even when he has a chance to help himself, he can’t do the right thing. With Trump, he was talking about how very early in the pandemic, Trump could have: 1. Realized that the pandemic really isn’t his fault, so genuinely is not responsible. 2. Risen up to the challenge of being the leader of the United States 3. Told everyone to take massive precautions to help control the spread of the virus I’m getting off topic, but with Covid, Trump had such a soft-ball chance to be presidential and do the right thing. But he couldn’t do it because…he HAS to always look like everything is going fine. In this case, the Republicans could have just let her in and it would not have hurt them that bad. Give her some tough questions and then vote her in 80-20 or something. Nope. They HAVE to show their true colors. ---
**Author:** ![ISiddiqui](https://avatars.discourse-cdn.com/v4/letter/i/97f17d/32.png) [@ISiddiqui](https://boards.straightdope.com/u/ISiddiqui)\ **Post date:** [March 28, 2022, 1:34pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/184 "2022-03-28T13:34:07Z")
> [@Mahaloth](#): > > In this case, the Republicans could have just let her in and it would not have hurt them that bad. Give her some tough questions and then vote her in 80-20 or something. The issue is that a lot of those 30 or so Republicans who are up for re-election would get primaries on that vote. So it’s a matter of self-preservation for some of them. Though they don’t have to be so open about it. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [March 28, 2022, 2:55pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/185 "2022-03-28T14:55:56Z")
> [@ISiddiqui](#): > > The issue is that a lot of those 30 or so Republicans who are up for re-election would get primaries on that vote. You’re off by a factor of two. Fifteen Republican incumbents a running to hold on to their senate seats this year. Many of them have no serious challenger. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [March 28, 2022, 3:15pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/186 "2022-03-28T15:15:05Z")
But it’s also not just about getting primaried. Even “safe” Republicans have to worry that a vote for Jackson would dry up their fundraising, depress conservative turnout in the general election, alienate influential conservative organizations and impede them from advancing in Senate leadership. I once entertained the notion that the Rs might “go easy” on swapping out a liberal for a liberal on the SC, but politics just doesn’t work that way anymore. There’s just no advantage to them in voting for Jackson. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 28, 2022, 3:57pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/187 "2022-03-28T15:57:31Z")
> [@Grrr](#): > > This was such an easy win for the Rs. Vote to confirm, and then use that vote to show: “See? I’m not racist!” You’re not thinking like a Republican. By announcing that he will nominate a black woman to the Supreme Court, Biden is the **real** racist. And anyone who supports the nomination is complicit in that racism. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [March 28, 2022, 4:45pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/188 "2022-03-28T16:45:30Z")
> [@Mahaloth](#): > > I’m getting off topic, but with Covid, Trump had such a soft-ball chance to be presidential and do the right thing. But he couldn’t do it because…he HAS to always look like everything is going fine. Hoping this isn’t too much of a hijack, but it wasn’t just that Trump generally wants to say “everything is fine”. Trump’s financial interests are heavily affected by how much people travel and vacation (hotels, resorts, gold courses) and that’s why he was both in favor of vaccines and ALSO in favor of downplaying any possible risk. ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [March 28, 2022, 5:39pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/189 "2022-03-28T17:39:08Z")
> [@notfrommensa](#): > > Biden pledged to nominate a Black Female to the SCOTUS. > > [Biden’s promise to nominate a Black woman to the Supreme Court - AP-NORC](https://apnorc.org/projects/bidens-promise-to-nominate-a-black-woman-to-the-supreme-court/) > > IMO, that is illegal under the Civil Rights Act of 1964 > [@flurb](#): > > It’s interesting that you should think that, given that the Civil Rights Act of 1964 specifically exempts federal service from its employment protections. Exactly. The section in the Civil Rights act referred to is probably 42 U.S. Code § 2000e–2(a), which reads in relevant part, > (a) It shall be an unlawful employment practice for an employer— > > 1. to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or > 2. to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin. If Biden was an employer, and intentionally rejected job candidates who were not black women, on the basis of their race and sex, that would be a violation. But United States itself is explicitly exempt from this requirement. See the definition of “employer”, 42 USC § 2000e(b), > (b) The term “employer” […] does not include […] the United States […] ~Max ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [March 28, 2022, 6:00pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/190 "2022-03-28T18:00:30Z")
> [@puzzlegal](#): > > > [@UltraVires](#): > > > > I don’t think a gay person, for example, would think that the U.S. Senate would reject him or her on that basis in 2022. > > Boy, i think it’s likely. Patrick Bumatay was nominated by Trump to the 9th Circuit Court of Appeals, twice. Kamala Harris opposed the nomination, IIRC. The second time the Senate approved him. The 9th Circuit is one level below the Supreme Court. Anthony Kennedy served on the 9th Circuit before he joined the Supreme Court. ~Max ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [March 28, 2022, 6:43pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/191 "2022-03-28T18:43:09Z")
> [@Max\_S](#): > > Anthony Kennedy served on the 9th Circuit before he joined the Supreme Court. Is he gay? ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [March 28, 2022, 6:48pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/192 "2022-03-28T18:48:13Z")
No? ~Max ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [March 28, 2022, 6:51pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/193 "2022-03-28T18:51:17Z")
> [@Max\_S](#): > > Patrick Bumatay was nominated by Trump to the 9th Circuit Court of Appeals, twice. Kamala Harris opposed the nomination, IIRC. The second time the Senate approved him. The 9th Circuit is one level below the Supreme Court. Anthony Kennedy served on the 9th Circuit before he joined the Supreme Court. I wasn’t sure about the reason for the last sentence there is all, but now I get it. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 28, 2022, 7:21pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/194 "2022-03-28T19:21:34Z")
For those who don’t get it, I believe Max’s point is that it might be a stepping stone to a SC seat, so it’s significant. ---
**Author:** ![Ziberian](https://avatars.discourse-cdn.com/v4/letter/z/919ad9/32.png) [@Ziberian](https://boards.straightdope.com/u/Ziberian)\ **Post date:** [March 28, 2022, 8:01pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/195 "2022-03-28T20:01:01Z")
> [@Tamerlane](#): > > > [@RickJay](#): > > > > Perhaps more to the point, it was a stupid error by Biden to say he was going to nominate a Black woman. > > In context, not really. I mean maybe, arguably. But like King John of England marrying Isabella of Angoulême it was a calculated step that made sense at the time. It may well have saved Biden’s nomination in the primary and Biden being nominated may well have saved the election for the Democrats in the election given Trump’s shocking level of undead strength among the electorate. > > It’s all speculative, but as a bit of political theater it may have been worth the hit. Even if Biden hadn’t made that statement, Republicans would be framing Jackson’s nomination as if he had, so it really cost nothing – sane people think it’s high time, and given her credentials, why wasn’t she nominated sooner, while Republicans will never think it’s time for a black woman to sit on the Supreme Court. ---
**Author:** ![Yookeroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yookeroo/32/323_2.png) [@Yookeroo](https://boards.straightdope.com/u/Yookeroo)\ **Post date:** [March 28, 2022, 11:28pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/196 "2022-03-28T23:28:14Z")
> [@RickJay](#): > > I really don’t believe that promise made much of a difference in how the votes played out. Nor will it prevent Jackson from getting confirmed. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [March 29, 2022, 12:38am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/197 "2022-03-29T00:38:49Z")
> [@Max\_S](#): > > Patrick Bumatay was nominated by Trump to the 9th Circuit Court of Appeals, twice. Kamala Harris opposed the nomination, IIRC. Right. And nobody says it is because Kamala hates gay people. The bottom line is that despite the accusations in the thread, Republicans will oppose any liberal nominee, whether that person is an old white man or a transgender black woman, and will support those same two if the nominee is a conservative. And vice versa. ---
**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 29, 2022, 12:42am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/198 "2022-03-29T00:42:47Z")
Not for the Supreme Court they won’t ---
**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\ **Post date:** [March 29, 2022, 1:16am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/199 "2022-03-29T01:16:53Z")
One wonders how long it will be before nominees just stop showing up for these dog-and-pony shows. ---
**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\ **Post date:** [March 29, 2022, 2:24am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/200 "2022-03-29T02:24:59Z")
> [@Love\_Rhombus](#): > > > [@Max\_S](#): > > > > Anthony Kennedy served on the 9th Circuit before he joined the Supreme Court. > > Is he gay? Assuming you were asking about Bumatay and not Kennedy, YES, [Bumatay is in fact gay](https://lgbtqjudges.org/gay-conservative-patrick-bumatay-confirmed-as-federal-appeals-court-judge/) and is the first openly gay judge to serve on the 9th Circuit. Not sure if Max\_S knew that or thought you were asking about Kennedy. [Previous page](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573.md?page=9) [Next page](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573.md?page=11)