Biden's Supreme Court Pick Once Claimed Judicial System 'Unfair' to Sex Offenders

AP Photo/Carolyn Kaster

Old Joe Biden picked Judge Ketanji Brown Jackson because she is Leftist, black, and female, not because she is the most qualified candidate (which she may be, but again, that’s not why she was picked) or because of anything she has said or done. Accordingly, Biden’s handlers may not even know that back in 1996, Jackson wrote a “Note” for the Harvard Law Review claiming that convicted sex offenders were treated unfairly in the courts. Even if they do know, it is unlikely that they care. They’d gleefully use this “Note” as ammo against a conservative pick for the high court, but Jackson is one of their own, a reliable Leftist. Nothing she has said or done could derail her unless it is discovered that she has a MAGA hat in her closet and voted for the hated Trump.


The “Note,” which is embedded below, was anonymous, but Jackson revealed that she had written it on a Senate Judiciary Committee “Questionnaire for Judicial Nominees” when Barack Obama nominated her to be a U.S. district judge for the District of Columbia. Jackson’s “Note,” unearthed by the American Accountability Foundation, calls on judges to “change their analytical framework for evaluating the constitutionality of certain state sex offender statutes.”

Jackson wrote that “in the current climate of fear, hatred, and revenge associated with the release of convicted sex criminals, courts must be especially atten­tive to legislative enactments that ‘use[ ] public health and safety rhetoric to justify procedures that are, in essence, punishment and detention.'”

Jackson argued that existing sex offender regulations were overly harsh: “Although many courts and commentators herald these laws as valid regulatory measures, others reject them as punitive enactments that violate the rights of individuals who already have been sanctioned for their crimes.” She maintained that “even in the face of understandable public outrage over repeat sexual predators,” a “principled prevention/punishment analysis” would evaluate “the effect of challenged legislation in a manner that reinforces constitutional safeguards against unfair and unnecessarily burdensome legislative action.” In other words, go easy on the poor lambs.

This in itself ought to be enough to disqualify Jackson from a seat on the Supreme Court. The public has been outraged enough by the irresponsible actions of Leftist judges who coddle criminals, leaving innocent law-abiding citizens to pay the price. If this “Note” reflects Jackson’s judicial philosophy, and there is no reason to think that her views have changed in the intervening years (if they had, she wouldn’t have been nominated), her rulings on the high court will put Americans in danger.


Related: Sex Offenders in Colorado Will No Longer Be Called ‘Sex Offenders’

It’s time to stand up and say, “Enough! No more judicial activism.” Americans have had much more than enough of the philosophy of treating criminals as the true victims of crime, and the police as rogue agents who must be restrained. Everywhere the Left actually implemented its daft “Defund the Police” slogan, crime skyrocketed. Anyone with even the most superficial understanding of human nature could have predicted that. It is not the time to talk about convicted sex offenders suffering from a “climate of fear, hatred, and revenge.” No one should be subjected to vigilante violence, but the focus of law enforcement and judicial authorities ought to be on the climate of fear and hatred that the victims of crime must endure.

The Left has virtually untrammeled hegemony today over the executive and legislative branches of government, the establishment media, the educational system, the entertainment industry, and the popular culture. That’s a primary reason why we’re in the fix we’re in, along with a figurehead in the White House fronting for far-Left forces that have erased our Southern border, sent prices skyrocketing, and drastically weakened our nation in the eyes of the world. More and more people are waking up to what is happening and turning away from the road to disaster that Leftists insist on traveling. Ketanji Brown Jackson represents this old order, desperately clinging to and trying to reinforce its hegemony at a time when Americans increasingly demonstrate that they can no longer be fooled. She will almost certainly be confirmed to the Supreme Court, but that will not change the fact that she represents an old, failed order that is passing from the scene. How much damage it will do before it is gone altogether, however, remains to be seen.


AAF Harvard Law Review by PJ Media on Scribd


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