A Lawyer Comments On Josh Hawley Vs. Ketanji Brown Jackson: Will Child Porn Lenience Sink Her Nomination?
03/21/2022
A+
|
a-
Print Friendly and PDF

Re: Federale's blog post Affirmative-Action SCOTUS Nominee Ketanji Brown Jackson Is A Kritarch Of The Worst Order

From: Fabrizio Evola [Email him]

Confirmation hearings just started for Judge Ketanji Brown Jackson’s potential elevation to the Supreme Court. Since the Democrats have (marginal) control of the Senate, it seems highly likely that she will be confirmed. However, if just one Democrat says “No” to this hardened radical, the GOP just might be able to sink her nomination and cause President Biden a humiliating defeat.

Senator Josh Hawley has indicated that he has concerns about Judge Jackson’s record in child pornography cases [Josh Hawley Lists 7 'Lenient' Ketanji Brown Jackson Child Porn Sentencings, by Andrew Stanton, Newsweek, March 21, 2022]. She routinely ordered lenient sentences as a District Judge, and has made statements indicating she opposes mandatory minimum sentences and sex offender registration. Various Leftist media hacks have “fact-checked” him, but Senator Hawley has stood his ground.

I think Senator Hawley is employing a strategy to expose Judge Jackson’s radicalism. The official position of the ACLU is that the government has the power to criminalize the manufacturing of child pornography, but not the possession of it. As a member of the Judiciary Committee, Senator Hawley will have the opportunity to question Judge Jackson. I think he may be planning on asking her if she supports the ACLU’s position on child pornography.

The problem for Judge Jackson is that canons of judicial ethics prohibit Judges from answering how they would rule on a potential case. She may have to defer answering that question—even if she disagrees with the ACLU. If she does, Senator Hawley may be able to convince at least one Democrat to vote “No.” The Democratic Party has become increasingly radical, but they are still not quite at the level of wanting to legalize child pornography.

Do I think this will work (assuming it is even his strategy)? Probably not, but it is at least worth a shot.

See previous letters from the same reader.

 

Print Friendly and PDF