"I like to imagine Jason Arday’s story with an alternate ending. In my fantasy version, he admits to the whole thing and pats himself on the back for orchestrating a brilliant social experiment illustrating the bigotry and fatuousness that prop up elite education."--From today's newsletter
“Our self-examination should be so frequent, as to become habitual; so strict, as to permit no thought, word, or action, to escape its watchful scrutiny; and so impartial, that we can invite the search of the omniscient Judge.”
—J.L. Dagg
Ketanji Brown Jackson is unfit for the Supreme Court.
The Supreme Court is supposed to be the one institution in America that isn't a stage.
Nine people. Lifetime appointments. No elections. No donors. No campaigns. Just the Constitution.
Yesterday the Court ruled 8-1 that Colorado's ban on talk therapy violated the First Amendment. Six conservatives agreed. Both liberal justices agreed.
Except Jackson.
She wrote a 35-page dissent. Eight justices needed fewer pages to explain the law than she needed to explain why they were all wrong.
And read it aloud from the bench. Turning the court into a spectacle.
Then Kagan, Obama's appointee, publicly corrected her. Called the case "textbook" viewpoint discrimination. Accused Jackson of "reimagining and collapsing well-settled legal distinctions."
Jackson fired back in a footnote. Accused Kagan and Sotomayor of being dupes for the conservative majority.
A Supreme Court justice calling her own colleagues political pawns. In a legal opinion. From the bench that exists to be above politics.
Every time she loses, she turns on whatever allies she has left.
Three separate 8-1 rulings across three years. Lone dissenter every time.
Barrett wrote that Jackson "decries an imperial Executive while embracing an imperial Judiciary."
She has two liberal allies sitting right next to her. They looked at her reasoning and chose the law over her activism.
Last term, every justice on the Court agreed with the majority more often than she did. Dead last of nine.
In contested cases: 51%. Kagan, same team: 70%.
One builds coalitions. One writes 35-page letters to nobody.
Majority opinions: 5. Fewest on the Court.
Dissents: 10. Most on the Court.
Words per oral argument: 1,350. Next closest justice: 900.
She talks the most. Writes the longest. Wins the least.
Before the Supreme Court she spent eight years on the DC District Court. More of her rulings were overturned than nearly two-thirds of her peers.
Reversed unanimously for exceeding her jurisdiction.
Tried to overrule Congress on immigration. The court above her said she had no authority.
And that court leaned left. Six of ten judges appointed by Democrats. Even they thought she went too far.
A judge is supposed to be consistent.
States can't ban gender procedures for minors. States have ABSOLUTE power to ban talk therapy for minors.
Same justice. Same year. The only variable is which side of the culture war the regulation falls on.
A judge is supposed to be honest.
Told law students in 2015 that critical race theory informs sentencing. Told the Senate in 2022 that CRT doesn't come up in her work as a judge. One of those was under oath.
Can't define the word "woman" in front of the Senate. Celebrates being "the first Black woman" on the Supreme Court on The View. Under oath she's not a biologist. On daytime TV she's making history.
A judge is supposed to protect the vulnerable.
Federal sentencing guidelines called for 10 years in a child pornography case. She gave 3 months. Her sentencing averaged 57% below national for possession. 47% below for distribution. Every. Single. Case. Below guidelines.
A judge is supposed to defend the Constitution. Not treat it as a document to be corrected.
She praised the 1619 Project, which argues America's true founding wasn't liberty in 1776 but slavery in 1619.
She wrote from the bench that "Our country has never been colorblind." Rejecting the plain meaning of the Equal Protection Clause.
She accused the Court itself of enabling "our collective demise."
"Let-them-eat-cake obliviousness." "Five-alarm fire." "Moneyed interests."
These aren't legal opinions. These are campaign speeches from a chair that's supposed to be above campaigns.
Harvard Law. A Supreme Court clerkship. Eight years on the federal bench. She told the Senate she doesn't have "a judicial philosophy per se."
But she told the country she's "not afraid to use her voice."
She's an activist. Weakest judge of the highest court.
Biden had judges with more cases argued before the Court and bipartisan support. He passed over them for the nominee endorsed by Planned Parenthood, the ACLU, and Demand Justice.
She doesn't want to be a justice. She wants to be a politician.
She just skipped the election.
I hope you understand what's at stake.
Hello Senator Thune,
Let's expose what you're really doing with "reconciliation."
You announced it yesterday, eleven months after the House passed the SAVE America Act. You're not trying to pass this bill. You're trying to kill it in a way you can blame on process.
Here's how we know:
Reconciliation requires the Senate parliamentarian to rule that provisions are "budgetary." Citizenship verification is not budgetary. Photo ID mandates are not budgetary. The parliamentarian will gut the bill. Then you'll shrug and say "we tried." We see through you.
Meanwhile, you WON'T use the tools that actually work:
Rule XIX limits each senator to two speeches per legislative day. Keep the Senate in continuous session, file cloture daily, and the filibuster exhausts in ~12-20 days. You dismissed it as "complicated." Because if you tried and succeeded, you'd have to actually pass the bill.
Harry Reid nuked the filibuster in 2013 when he wanted results.
Mitch McConnell changed Senate rules THREE times and canceled the August recess.
Chuck Schumer used reconciliation within months on a 50-50 Senate.
You have 53 seats. You've changed nothing, canceled nothing, and waited eleven months.
Now let's talk donors:
• Goldman Sachs: $150K to you - top H-1B user
• Google: $75K - lobbies against E-Verify
• Meta: $72.5K - Zuckerberg's FWD[.]us pushes mass immigration
• Wells Fargo: $90K - banks undocumented immigrants
Same corporations sponsor Punchbowl News, where you sit for "Fly Out Days" which nobody watches except Congress staffers and K Street lobbyists who pays premium bucks for legislative intelligence. Their reporter then telegraphs to the audience the SAVE Act "will ultimately fail."
Corporate money flows to you AND to the outlet that frames your inaction as inevitable.
We see the loop.
You called grassroots anger a "paid influencer ecosystem." YOU are the paid influencer. You take the wrong side of a 80% issue because you are indistinguishable from a K Street mouthpiece, and an ineffective one to boot who won't bend the rules to get anything passed.
What we want:
1. Force a real talking filibuster.
2. Stop hiding behind process.
3. Pass the SAVE America Act.
YOU will become the reason that we will have our butts kicked in midterms. Not Candace Owens, not Nick Fuentes, not anyone else. You and you alone, and all because you want to make the 200 or so viewers of Punchbowl Fly Out Days happy. You're living in a K Street information bubble, addicted to the comforts and praises of lobbyists masquerading as journalists. You mistake the steak and martini dinners you get invited to as your own constituents.
You are not "moderate." The SAVE America Act has 98% support among Republicans. Name one other thing that has 98% support. You are an extreme minority who prides himself on being a calm leader, when in reality you are well in the running for the most ineffective Majority leader of all time.
Prove me wrong. Do the bare modicum of effort. Not symbolic. Actual effort. Cancel the recess. Get SAVE America Act passed.
@CalebJHull As much as I want to see the abuse of the system end, it isn’t helpful to say false things. I know many who served honorably as I did and got nothing more than the GI Bill ($15k max over 3 years IF you were enrolled in school).
Studies Show Majority Of People Who Say They Don't Want Kids Have Never Flown A Toddler Around In A Laundry Basket While Making Rocket Ship Sounds https://t.co/yEi3MzJcIn
"The great clarification: James Talarico, David French, and the battle for the evangelical soul" — my column today @wngdotorg. You can read it at the link below.
https://t.co/WPGKGTCpKR
A friend's brother-in-law was killed on Friday night in a terrible accident. Some of his students who loved him decided to roll his house as a prank. He ran out to surprise them as they were driving off, tripped and fell in the road, and the students ran over him. His family could use help. All of them could use prayer. Sadly, press reports are making more of this than what it actually was. There was no maliciousness. It's just a tragedy. https://t.co/zd23Yc7zOr
“Cowardice or undue fear is a lack of trust in the goodness and kindness of God.” I find this quote deeply encouraging and compelling in this season of caring for my wife. https://t.co/oDEpGMSyYg