A Very Skewed View Of The First Amendment

The Bill of Rights was added to the U.S. Constitution to provide additional protection from the government to American citizens. The American Declaration of Independence declared,  “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The U.S. Constitution was written to protect these rights–not the rights of the government. Unfortunately, many Americans have forgotten that–including one Supreme Court Justice.

On Monday, PJ Media reported on the arguments regarding the First Amendment Case currently before the Supreme Court:

Justice Ketanji Brown Jackson, whom Joe Biden nominated to the high court, had a particularly disturbing position on the issue:

“So my biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” she told Louisiana Solicitor General Benjamin Aguiñaga. “I mean, what would — what would you have the government do? I’ve heard you say a couple of times that the government can post its own speech, but in my hypothetical, you know, ‘Kids, this is not safe, don’t do it,’ is not going to get it done.”

“And so I guess, some might say that the government actually has a duty to take steps to protect the citizens of this country,” Jackson continued. “And you seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information.”

Jackson said she was “really worried about that” scenario because “you’ve got the First Amendment operating in an environment of threatening circumstances from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems.”

First of all, the First Amendment does hamstring the government because it limits the government from “abridging the freedom of speech, or of the press,” among other things. That’s a feature, not a bug of the First Amendment. 

The purpose of the Bill of Rights is to hamstring the government and empower the people. It is disturbing that a Supreme Court Justice does not know this.

 

Whoops, I forgot…

On Wednesday, Just the News posted an article about an ethics complaint filed against Supreme Court Associate Justice Ketanji Brown Jackson. It seems as if the Justice forgot to list some sources of family income on her disclosure statement.

The article reports:

The Center for Renewing America filed the complaint on Monday with the Judicial Conference Secretary alleging that she “willfully failed to disclose required information regarding her husband’s medical malpractice consulting income for over a decade.”

“As part of her nomination to the U.S. District Court for the District of Columbia, Justice Jackson disclosed the names of two legal medical malpractice consulting clients who paid her husband more than $1,000 for the year 2011,” the complaint continued. “On her subsequent filings, however, Justice Jackson repeatedly failed to disclose that her husband received income from medical malpractice consulting fees.”

How convenient.

The article continues:

“We know this by Justice Jackson’s own admission in her amended disclosure form for 2020, filed when she was nominated to the Supreme Court, that ‘some of my previously filed reports inadvertently omitted’ her husband’s income from ‘consulting on medical malpractice cases,'” it went on. “Compounding the omission and further demonstrating willfulness, Justice Jackson has not even attempted to list the years for which her previously filed disclosures omitted her husband’s consulting income. Instead, in her admission of omissions on her 2020 amended disclosure form (filed in 2022), Justice Jackson provided only the vague statement that ‘some’ of those past disclosures contained material omissions.”

“Given that she was aware of this provision when she filed her first form in 2012, it would appear the Justice Jackson willfully violated § 13104(e)(1)(A) because she did not disclose this required information on her forms for several years,” the complaint asserted. “The fact that she referenced her omission in 2022 and did not correct it as required is more indicia of her willfulness to not report this information.”

If the Democrats in Congress want to violate the separation of powers and make the Supreme Court accountable to Congress, maybe they should check on their party’s own appointments first.

 

Who Is Ketanji Brown Jackson?

President Biden has nominated Ketanji Brown Jackson to replace Stephen Breyer on the Supreme Court. Recently The Daily Wire posted an article about some of the items Judge Jackson has supported in the past.

The article reports Judge Jackson’s stand on various issues:

Abortion: Ketanji Brown Jackson represented NARAL Pro-Choice America, the League of Women Voters, and the Abortion Access Project of Massachusetts during her time in Boston’s Goodwin Procter law firm. In 2001, she helped write an amicus brief supporting a Massachusetts law that barred pro-life advocates from setting foot within six feet of any individual or vehicle that is within 18 feet of an abortion facility. Jackson’s record has earned her the fierce opposition of female leaders in the pro-life movement.

…Crime: Ketanji Brown Jackson served as vice chairman of the U.S. Sentencing Commission during the Obama administration. In April 2014, the commission propounded the “Drugs Minus Two” rule, which lowered the punishment for all drug-related crimes by two offense levels. The rule, which applied to an estimated 46,000 convicts, allowed judges to reduce convicts’ drug sentences by an average of two years and one month. “The result of the Sentencing Commission’s proposal will be to reward drug traffickers and distributors who possessed a firearm, committed a crime of violence, or had prior convictions,” wrote Senator Chuck Grassley (R-IA) and then-Rep. Bob Goodlatte (R-VA) at the time.

Immigration: In September 2019, Judge Ketanji Brown Jackson wrote a 120-page ruling (Make the Road New York v. McAleenan) that the Trump administration could not expand its use of “expedited removal”: that it could not fast-track the deportation of illegal aliens who had been in the country less than two years.

…Funding teen sex programs: When the Trump administration cut off $200 million in federal funding to the Teen Pregnancy Prevention Program, which teaches children as young as 10 to use condoms and other contraceptives without emphasizing abstinence, Judge Jackson ruled that the funding must continue.

…Government bureaucracy and labor unions: In 2018, President Donald Trump issued three executive orders that would reduce the power of public sector unions and make it easier to fire employees for poor performance. They also ordered employees to spend at least 75% of their time on “agency business.” Trump limited the use of “official time,” which allows government bureaucrats to use government resources to conduct union business during working hours, at taxpayers’ expense.

He also said the government would not negotiate with labor unions on issues where it was not legally required to do so. In August 2018, Judge Ketanji Brown Jackson issued a 119-page decision eviscerating those orders, denying most of Trump’s actions (American Federation of Government Employees v. Trump). She admitted that, while Trump’s action did not “specifically and directly conflict with individual statutory prescriptions” (i.e., he did not violate the law), it so “diminishes the scope of bargaining” that, it seemed to Jackson, Trump’s orders are no longer “a good-faith effort.” The D.C. Court of Appeals once again overturned Jackson’s decision, ruling that Jackson lacked jurisdiction to rule on the case.

Please follow the link to the article to read all of the notes on Judge Jackson’s previous decisions. She is not someone who is going to put the U.S. Constitution above her own political agenda. I suspect she will be confirmed, but that is not good news for America.

The Deep State Crosses Party Lines

In June I posted an article based on a post in The Conservative Treehouse about the appointment of Merrick Garland to the post of Attorney General.

The article in The Conservative Treehouse included the following:

The Democratic-controlled Senate voted 53-44 to approve Jackson’s (Ketanji Brown Jackson) nomination to the U.S. Court of Appeals for the District of Columbia Circuit. All those in opposition were Republicans, with three voting with Democrats to approve the nomination.

Biden nominated Jackson, a Washington-based U.S. district judge, to the D.C. Circuit to replace Attorney General Merrick Garland on the bench. That appellate court has served as a springboard to the Supreme Court in the past, including for current Justices John Roberts, Clarence Thomas and Brett Kavanaugh. (read more)

On Friday, President Biden nominated Judge Ketanji Brown Jackson to serve on the Supreme Court to replace retiring Justice Breyer.

On Friday, Just the News reported:

Jackson, 51, sits on the U.S. Court of Appeals for the District of Columbia and if confirmed by the Senate would become the first black female justice appointed to the nine-member high court. During earlier parts of her career, Jackson served as a clerk for Justice Breyer as well as a public defender, which made her resume appealing to Biden, who has voiced a desire to put more public defenders on the federal bench.

According to CNN, Jackson, received and accepted the offer from President Biden on Thursday night.

A decision Friday by the president would mark exactly two years since then-presidential candidate Biden promised to appoint the first black female justice to the court.

Biden said he would share his choice by late February. On Wednesday, White House Press Secretary Jen Psaki said there would absolutely be a public announcement before March 1.

On Friday, The Washington Examiner reported:

The connection between Jackson and Ryan (former House Speaker Paul Ryan) is complex, as Jackson’s husband has a twin brother who is married to Ryan’s sister-in-law.

Ryan has also supported Jackson through previous nomination processes. When former President Barack Obama nominated her to a spot on the U.S. District Court for the D.C. Circuit in 2012, Ryan testified on her behalf at the confirmation hearing and spoke highly of her qualifications, urging his fellow GOP colleagues to confirm her.

Jackson, 51, was known to be on a short list of contenders the White House considered for the role and exhibits a unique background, having been a federal trial court judge for eight years without experience as a prosecutor or major corporate lawyer. She also sat on the D.C. Circuit Court of Appeals bench, where notably Justices Clarence Thomas and Brett Kavanaugh served as judges before their promotions.

It will be interesting to see exactly what her impact on the Supreme Court will be if she is confirmed.

Looking Behind The Curtain

When Merrick Garland was appointed Attorney General, it seemed a bit odd. It was an obvious slap in the face to the Republicans who had not brought his nomination to the Supreme Court to the floor of the Senate, but evidently there is more to the story. As you read this, remember that a lot of what have been called conspiracy theories have turned out to be true.

Yesterday The Conservative Treehouse posted an article about the reason behind the appointment of Judge Garland. The article provides some insight into what is happening behind the scenes in the Biden administration.

The article quotes a Reuters report:

Democrats overcame Republican opposition on Monday as the U.S. Senate voted to confirm federal judge Ketanji Brown Jackson, seen as a possible future Supreme Court nominee for President Joe Biden, to an influential appellate court.

The Democratic-controlled Senate voted 53-44 to approve Jackson’s nomination to the U.S. Court of Appeals for the District of Columbia Circuit. All those in opposition were Republicans, with three voting with Democrats to approve the nomination.

Biden nominated Jackson, a Washington-based U.S. district judge, to the D.C. Circuit to replace Attorney General Merrick Garland on the bench. That appellate court has served as a springboard to the Supreme Court in the past, including for current Justices John Roberts, Clarence Thomas and Brett Kavanaugh. (read more)

What we have here is the deep state in action.

The article at the Conservative Treehouse explains:

The vote was 53-47 [link here] Susan Collins, Lisa Murkowski and Lindsey Graham voted with Democrats to support KBJ to the circuit court. This Deep State manuever was transparently predictable. {Go Deep}  This was the real reason why Biden elevated Merrick Garland to AG, to get him out of the way for Ketanji Brown Jackson to work her way to a seat on the U.S. Supreme Court.  Obama would then have another tool for total control.

Remember the names of the Republicans who voted for this. They need to lose in primary elections as soon as possible.

The article at The Conservative Treehouse concludes:

We all know that Biden is an avatar for Obama’s third-term. Hence the plan by Team Obama (BLM) and James Clyburn (AME) to use a cognitively impaired tool to secure the 2020 club nomination. They then inserted Kamala Harris as the useful radical to manipulate for actual policy objectives.

Once you see the strings on the marionettes you can never return to that time before when you did not see them. It’s all a conspiracy theory until it’s proven accurate, then it’s racist…

The Democrats don’t have to pack the Supreme Court–all they need to do is replace a few traditional liberals with some radicals.