Home » Biden’s Supreme Court Nominee Is Not a Fan of the First Amendment

Biden’s Supreme Court Nominee Is Not a Fan of the First Amendment

by Robert Wayne

President Biden may not have kept his word about not instituting a vaccine mandate, but he did keep his word about nominating a black woman to the Supreme Court. Unfortunately, his nominee isn’t a friend of the Constitution, and has no problem denying her political opponents their God-given and constitutionally protected rights.

Judge Ketanji Brown Jackson, when she was in private practice, co-authored an amicus curiae brief in support of a case before the US Court of Appeals for the 1st Circuit dealing with a Massachusetts law that prohibited anti-abortion protesters from distributing literature within a certain distance of an abortion clinic.

The law didn’t apply to all healthcare facilities, only to abortion clinics. And it didn’t prohibit clinic workers from distributing literature, only anti-abortion protesters. It was clearly discriminatory and clearly a violation of the First Amendment. Yet Jackson had no problem supporting the law in her amicus brief.

It’s highly unlikely that her views have changed since that time, and for all we know her views may have grown more radical, as have the views of many people on the left. If she were to be confirmed to the Supreme Court, it’s all but inevitable that she would be a guaranteed vote in support of any far left measures. And the Court would once more move slowly but inexorably to the left.

Then again, maybe Jackson will be too radical for the Senate, and particularly for Senator Joe Manchin. Maybe she’s a trial balloon candidate, one the Democrats are ready to bork, so that they can get a second candidate through the process, one who might be superficially more moderate but who would be an even more reliable radical leftist vote.

These will be an interesting next few weeks or months as we navigate the Supreme Court nomination process. And with all the possibilities that a split Senate brings up, the results of this nomination could end up being very surprising.

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