The selection of Judge Ketanji Brown Jackson of the Court of Appeals for the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court was widely expected. From the start of his administration, Joe Biden has made it clear that his top priority is paying back the liberal Arabella Advisors dark money network that spent over one billion dollars to help elect him and Senate Democrats.
These Arabella-advised groups seek nothing less than the appointment of politicians in robes who will rubber stamp their left-wing political agendas from the bench.
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That is what we can expect from a future Justice Ketanji Brown Jackson. President Biden’s announcement, like much of the messaging already coming from her promoters, zips quickly through resume items like her clerkship for Justice Breyer and work in private practice and as a public defender.
Missing are details like her work drafting an amicus brief on behalf of pro-abortion organizations in a buffer zone case in which she repeatedly disparaged the peaceful and often prayerful clinic protesters as engaging in "in-your-face" and "chaotic" activity that somehow fell short of "pure speech." She also represented several Guantanamo Bay detainees as a public defender and continued that representation on a pro bono basis after moving back to private practice.
That was before her tenure as vice chair of the United States Sentencing Commission, during which the Commission reduced its sentencing recommendations for crack-cocaine offenses, advocated the repeal of mandatory-minimum sentences, and raised concerns about demographic disparities in sentencing.
After her appointment to the district court in 2013, she compiled a record that reflected a hostility to both business and workers. She upheld an Obama administration meat labeling rule against a challenge from meat packers and a forest planning rule that was challenged by a coalition of timber, livestock, and off-highway vehicle organizations concerned about timber harvests falling and forest fires increasing. She also upheld a federal program that set explicit racial preferences in the awarding of government contracts.
During the Trump administration, she struck down provisions of three executive orders limiting the time labor union officials could spend with union members, the issues that unions could bargain over in negotiations, and the rights of disciplined workers to appeal disciplinary actions—only to be reversed by the D.C. Circuit.
She halted the Trump Administration’s rule expanding the expedited removal of illegal aliens, ignoring clear limitations on judicial review of such actions, and was again reversed by the D.C. Circuit.
Jackson overreached to enforce a House subpoena against former White House Counsel Don McGahn, but a D.C. Circuit panel later held that the House had failed to establish its entitlement to enforcement before the case was settled on appeal.
Jackson was already the darling of the Arabella Advisors network before President Biden elevated her from the district court to the D.C. Circuit last year. In fact, she was on Demand Justice’s Supreme Court short list since before Biden was even elected president. Early in his presidency, the group successfully pushed for her to be Biden’s first pick for the D.C. Circuit, and its executive director called her at the time "the lead candidate for a Supreme Court vacancy in the event that Justice Breyer retires."
Just two days ago, twelve liberal groups submitted a letter to Biden that made clear who they wanted on the high court—someone with civil rights or public defender experience. Of the three finalists Biden had just interviewed, only Jackson had experience as a public defender. The letter’s signatories included Demand Justice, Indivisible, and Demos—all parts of the Arabella Advisors network that has pushed court packing for over a year and publicly campaigned for Justice Breyer to retire.
Before he was elected, Biden campaigned on the promise of unity and moderation. He even sounded that theme in his inaugural address, perhaps believing that rhetoric can conceal substance. But since taking office, he has delivered radical extremism in a string of policies and nominations. With the nomination of Jackson today, Biden continues to placate his liberal dark money friends.
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Since it comports with a strategy of moderate rhetoric/radical substance, expect to hear little from Biden and his supporters about Judge Jackson’s past advocacy for terrorists, softness on crime, upholding racial preferences, hostility toward pro-lifers, and reversed decisions involving Trump-era policies.
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Instead, expect them to say she is "in the mainstream." That is liberal-speak to try to sell the people on a judge who will deliver what dark-money groups have wanted: a judge who will deviate from the text of the Constitution and statutes without hesitation to ensure the left’s preferred policy outcomes.
Joe Biden has delivered exactly who they demanded.