# So is Ketanji Brown Jackson getting on the Supreme Court or not?

**URL:** <https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573>\
**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:** 5

<div class="post-metadata">

**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\
**Post date:** [March 24, 2022, 10:21pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/81 "2022-03-24T22:21:08Z")

</div>

> [@UltraVires](#):
>
> As a conservative Republican, I would vote to confirm Jackson. I don’t agree with her political philosophy, but she is Biden’s pick and is qualified.

The difference is that you aren’t up for election and having to demonstrate your purity to survive the primary.

---

<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [March 24, 2022, 10:37pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/82 "2022-03-24T22:37:20Z")

</div>

Yeah, but it’s been this way for a while now. The days of 98-0 Scalia confirmations are over. It is a political war now. But much like the Dems couldn’t find anything on Barrett a couple of years ago, our side has nothing on Jackson and these feeble attacks look ridiculous.

Almost as ridiculous as Cory Booker and his crying and hugging. So proud, he was, that an African American woman was sitting in that seat. Well, it was pretty much a fait accompli when the President said that he would only consider such a person in the first place. It made his tears seem forced to me.

---

<div class="post-metadata">

**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 24, 2022, 11:00pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/83 "2022-03-24T23:00:50Z")

</div>

I’d like to watch that documentary if you can remember the name of it.

---

<div class="post-metadata">

**Author:** ![snowthx](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowthx/32/10660_2.png) [@snowthx](https://boards.straightdope.com/u/snowthx)\
**Post date:** [March 24, 2022, 11:07pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/84 "2022-03-24T23:07:15Z")

</div>

Here it is. I thought it was on Netflix but it was PBS/Frontline…

> **[FRONTLINE: Supreme Revenge: Battle For The Court](https://www.kpbs.org/news/arts-culture/2020/11/23/frontline-supreme-revenge-battle-court)**
>
> Stream or tune in Tuesday, Nov. 24, 2020 at 10 p.m. on KPBS TV

I think it is also available on YouTube. Highly recommended, and fair - this is one case where both sides played hijinx with the nomination process over the years. And it was the Bork nomination (Biden involved), not Clarence Thomas, that got this whole thing rolling:

_The documentary traces how a 30-year-old grievance — starting with the bruising confirmation hearing of President Reagan’s failed Supreme Court nominee [Robert Bork](https://www.pbs.org/wgbh/frontline/interview/robert-bork-jr/), presided over by then-Sen. Joe Biden (D-Del.) — sparked a vow from the then-freshman Senator McConnell to retaliate, and how he made good on that promise in the years to come._

---

<div class="post-metadata">

**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 24, 2022, 11:43pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/85 "2022-03-24T23:43:19Z")

</div>

> [@Buck\_Godot](#):
>
> The difference is that you aren’t up for election and having to demonstrate your purity to survive the primary.

Or are posturing for social media notoriety.

> **[Ted Cruz photographed checking his Twitter mentions immediately after...](https://africa.businessinsider.com/politics/ted-cruz-photographed-checking-his-twitter-mentions-immediately-after-aggressive/z56bteh.amp)**
>
> Sen

---

<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 25, 2022, 12:07am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/86 "2022-03-25T00:07:37Z")

</div>

> [@snowthx](#):
>
> it was the Bork nomination (Biden involved), not Clarence Thomas, that got this whole thing rolling:
> 
> _The documentary traces how a 30-year-old grievance — starting with the bruising confirmation hearing of President Reagan’s failed Supreme Court nominee [Robert Bork](https://www.pbs.org/wgbh/frontline/interview/robert-bork-jr/), presided over by then-Sen. Joe Biden (D-Del.) — sparked a vow from the then-freshman Senator McConnell to retaliate, and how he made good on that promise in the years to come._

I watched that a while back and don’t think they mentioned that Bork had stepped up when Elliot Richardson resigned rather than do Nixon’s dirty work and fire Watergate prosecutor Archibald Cox (do I misremember?)

But what did cross the line was that this was back when home VCRs were new, so some functionary went to Bork’s local video store to find out if his rentals included porn, and what kind.

A few years later, Douglas Ginsberg was torpedoed for (gasp!) smoking weed. The character assassination is really something.

---

<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [March 25, 2022, 12:29am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/87 "2022-03-25T00:29:24Z")

</div>

> [@Slithy\_Tove](#):
>
> I watched that a while back and don’t think they mentioned that Bork had stepped up when Elliot Richardson resigned rather than do Nixon’s dirty work and fire Watergate prosecutor Archibald Cox (do I misremember?)

I wondered about that. No fair documentary would omit this rather significant fact, and to expect Democrats to shrug and overlook it in selecting a Supreme Court justice was unreasonable in my view.

Agreed that a line was crossed to review Bork’s local video store. (I have not watched the documentary.)

---

<div class="post-metadata">

**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 25, 2022, 1:35am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/88 "2022-03-25T01:35:30Z")

</div>

> [@UltraVires](#):
>
> Dems couldn’t find anything on Barrett a couple of years ago, our side has nothing on Jackson and these feeble attacks look ridiculous.

Yeah, Barrett was qualified, and there was really no reason to hassle her. I suspect i hate her politics. But i trust her to do her job.

---

<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [March 25, 2022, 2:06am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/89 "2022-03-25T02:06:58Z")

</div>

> [@Slithy\_Tove](#):
>
> I watched that a while back and don’t think they mentioned that Bork had stepped up when Elliot Richardson resigned rather than do Nixon’s dirty work and fire Watergate prosecutor Archibald Cox (do I misremember?)

I can’t find it, but Bork gave testimony regarding that situation at his confirmation hearings. Bork offered to refuse and resign as well. The three (can’t remember the deputy AG) got together and basically said that we can’t internally carpet bomb the Justice Department. How can we get around this? Richardson and (other guy) had during their confirmation hearings promised not to fire the special prosecutor. Bork (at least at the time) got his position without a Senate confirmation.

The three decided that to show a message to Nixon, Richardson and the other guy would refuse and resign, and Bork would fire the special prosecutor so that the Justice Department had a head, and then immediately appoint a new special prosecutor, and took action to preserve all investigative work and all papers. He kept on all important staff. Bork did all of this and kept his promise. Richardson appeared at Bork’s confirmation hearing and substantiated Bork’s testimony in this matter and said that Bork acted honorably.

This retconned idea that Bork was rejected because of the Saturday Night Massacre is a liberal fiction. That was used as a false hook to reject him because he was a conservative.

---

<div class="post-metadata">

**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 25, 2022, 3:19am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/90 "2022-03-25T03:19:00Z")

</div>

My father, a liberal who chewed the rejection of Bork, did not speak to the Saturday night massacre. He said that Bork had made a career of being an asshole and pushed an extreme judicial philosophy.

---

<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 25, 2022, 3:25am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/91 "2022-03-25T03:25:56Z")

</div>

> [@puzzlegal](#):
>
> Yeah, Barrett was qualified, and there was really no reason to hassle her. I suspect i hate her politics. But i trust her to do her job.

I mean liberals opposing Barrett or conservatives opposing Jackson because they disagree with their respective politics is completely valid. We just have to go through this kayfabe where the opponents have to come up with a reason it’s actually about ethics or experience or something. Even though everyone knows it’s because like or not the SCOTUS is a 9-member body that gets to vote on a whole host of political outcomes and we don’t all agree on what those outcomes should be.

EDIT: And obviously experience to some degree and definitely ethics is also a reason to oppose a judge, when it applies, it’s just a bit silly to think those are the only valid reasons.

---

<div class="post-metadata">

**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [March 25, 2022, 4:07am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/92 "2022-03-25T04:07:10Z")

</div>

I’m just starting to read this 90+ post thread, so perhaps this has already been remarked:

> [@kenobi\_65](#):
>
> I also think there’s an element of, “you Democrats asked Brett Kavanaugh and Amy Coney Barrett all sorts of mean questions, and now it’s our turn.”

And Republicans haven’t gotten over the Clarence Thomas hearings to this day. And Harrold Carswell.

And Bork.

---

<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 25, 2022, 4:19am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/93 "2022-03-25T04:19:49Z")

</div>

Jackson could publicly say “I endorse Putin, Communism, Kim Jong Un, partial-and-full-birth abortion, everything that makes Republicans screech in horror” and grin and still coast easily to confirmation - and she should GRIN with that knowledge.

---

<div class="post-metadata">

**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [March 25, 2022, 4:29am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/94 "2022-03-25T04:29:05Z")

</div>

> [@Mahaloth](#):
>
> How often do parties vote against their own president’s pick? &nbsp;

Excerpts from three Wikipedia pages, for Carswell, Haynsworth, and Bork:

the Senate rejected Carswell’s nomination on April 8, 1970, by a 45–51 vote,[[5]](https://en.wikipedia.org/wiki/G._Harrold_Carswell#cite_note-RL33225-5) with 13 [Republicans](https://en.wikipedia.org/wiki/Republican_Party_(United_States)) joining 38 Democrats in voting “no”.[[17]](https://en.wikipedia.org/wiki/G._Harrold_Carswell#cite_note-17)

Haynsworth’s nomination was defeated by a 55–45 vote on November 21, 1969.[[3]](https://en.wikipedia.org/wiki/Clement_Haynsworth#cite_note-RL33225-3) Nineteen Democrats – of whom only [Mike Gravel](https://en.wikipedia.org/wiki/Mike_Gravel) of [Alaska](https://en.wikipedia.org/wiki/List_of_United_States_Senators_from_Alaska) represented a state outside the South – and 26 Republicans voted for Haynsworth while 38 [Democrats](https://en.wikipedia.org/wiki/Democratic_Party_(United_States)) and seventeen [Republicans](https://en.wikipedia.org/wiki/Republican_Party_(United_States)) voted against the nomination.[[7]](https://en.wikipedia.org/wiki/Clement_Haynsworth#cite_note-8)

On October 23, 1987, the Senate denied Bork’s confirmation, with 42 Senators voting in favor and 58 voting against. Two Democratic senators, [David Boren](https://en.wikipedia.org/wiki/David_Boren) (D-OK) and [Ernest Hollings](https://en.wikipedia.org/wiki/Ernest_Hollings) (D-SC), voted in his favor, while six Republican senators–[John Chafee](https://en.wikipedia.org/wiki/John_Chafee) (R-RI), [Bob Packwood](https://en.wikipedia.org/wiki/Bob_Packwood) (R-OR), [Arlen Specter](https://en.wikipedia.org/wiki/Arlen_Specter) (R-PA), [Robert Stafford](https://en.wikipedia.org/wiki/Robert_Stafford) (R-VT), [John Warner](https://en.wikipedia.org/wiki/John_Warner) (R-VA), and [Lowell P. Weicker Jr.](https://en.wikipedia.org/wiki/Lowell_P._Weicker_Jr.) (R-CT)–voted against Bork.[[39]](https://en.wikipedia.org/wiki/Robert_Bork#cite_note-39) His defeat in the Senate was the worst of any Supreme Court nominee since [George Washington Woodward](https://en.wikipedia.org/wiki/George_Washington_Woodward) was defeated 20–29 in 1845, and the third-worst on record.

---

<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 25, 2022, 11:03am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/95 "2022-03-25T11:03:18Z")

</div>

> [@Senegoid](#):
>
> And Harrold Carswell.

These hearings have certainly demonstrated that mediocrity is well-represented in Congress, at least.

---

<div class="post-metadata">

**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 25, 2022, 11:43am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/96 "2022-03-25T11:43:12Z")

</div>

Where did you get this optimistic opinion?

---

<div class="post-metadata">

**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [March 25, 2022, 11:45am UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/97 "2022-03-25T11:45:38Z")

</div>

Also of note, George W. Bush was forced to withdraw the nomination of Harriet Miers despite the Senate having a 55R/45D majority when it became clear that even many Republican Senators would balk at confirming her. She had actually been recommended by Democratic Senator Harry Reid, but her severe lack of credentials drew criticism from both sides of the aisle and particularly Republican fears that she would be “another Souter.”

---

<div class="post-metadata">

**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [March 25, 2022, 12:55pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/98 "2022-03-25T12:55:08Z")

</div>

The reason that she would be confirmed is not in spite of being able to say such things, but because she is the sort of person who wouldn’t.

And she’d actually probably pick up votes from Republicans if she endorsed Putin and Kim Jong Un.

---

<div class="post-metadata">

**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 25, 2022, 12:59pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/99 "2022-03-25T12:59:20Z")

</div>

Of course you know this is false.

---

<div class="post-metadata">

**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 25, 2022, 2:11pm UTC](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573/100 "2022-03-25T14:11:17Z")

</div>

Manchin just announced he will vote to confirm her. This is actually breaking news on CNN.

[Previous page](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573.md?page=4)

[Next page](https://boards.straightdope.com/t/so-is-ketanji-brown-jackson-getting-on-the-supreme-court-or-not/961573.md?page=6)
