Judge Ketanji Brown, lest you be judged

The law is a subject that I find fascinating, how it developed, and developed into principles that could uphold justice, and particularly how its philosophical concepts are best applied to the often messy realities of life. Whatever your opinion of my opinions on the subject might be, I’ve put in a great deal of time and effort over the years into writing numerous posts on law, justice, and diving into the history of how it has developed from its origins in ancient times, down to today, and where it’s gone right and wrong along the way. I’ve dug into the records and opinions of early figures from Cicero to Edward Coke and  John Locke through our Founders, and down to the present day. I’ve looked into the often opposing opinions of judges nominated for the Supreme Court of the United States of America, from Thomas, Breyer, Garland, and how disturbing it is that legal pundits of ‘the right’, reflect the left turn taken by Oliver Wendell Holmes Jr.. But with Judge Ketanji Brown… I can’t muster the interest to dig much deeper than a couple of the remarks she gave at her confirmation hearings.

Her relation to Critical Race Theory shows why. Not because she supports its ideas, but because she embodies its meaning. She has repeatedly written and remarked about her admiration for the founders of Critical Race Theory, Derek Bell, and Kimberle Crenshaw, and on at least one occasion she’s lectured to students about its relevance to guidelines in federal prison sentencing, citing CRT as one of the interesting factors that should be considered when considering sentencing:

“…I also try to convince my students that sentencing is just plain interesting on an intellectual level, in part because it melds together myriad types of law – criminal law, of course, but also administrative law, constitutional law, critical race theory, negotiations, and to some extent, even contracts. And if that’s not enough to prove to them that sentencing is [sic] a subject is worth studying, I point out that sentencing policy implicates and intersects with various other intellectual disciplines as well, including philosophy, psychology, history, statistics, economics, and politics…”

, and with the likes of that in her easily searchable record, this is what she had to say about CRT in her confirmation hearings, in one of her exchanges on the topic with Senator Cruz,

“In your understanding, what does critical race theory mean?” Cruz asked the judge.

“Senator, my understanding is that critical race theory is, it is an academic theory, that is about the ways in which race interacts with various institutions,’ Jackson responded. “It doesn’t come up in my work as a judge. It’s never something that I’ve studied or relied on, and it wouldn’t be something that I would rely on if I was on the Supreme Court.”

, for her now to claim that ‘CRT doesn’t apply’, is not just a lie, but it is an application of Critical Race Theory in action, especially in regards to its disdain for what is objectively true, that we know something to be true because it conforms to reality. The CRT’r requires the use of scare quotes to refer to ‘objective truth’, and usually will no nearer to the subject than Epistemology, and then only to deride its degraded modern expression of ‘epistemic adequacy‘, on their way to touting the root of Critical Race Theory’s, in ‘Social Epistemology‘, and CRT’s foundational roots in Charles Mills, where ‘truth’ is socially constructed through ‘narratives’ that best serve the interests of the ‘authentic’ group.

Why does that matter? Because it means that there is truly no reason to give her reasoning any consideration, her words purposely have no relation to reality beyond how they might move her narrative ‘forward’. The only ‘truth’ she values, is what pragmatically ‘works’ to manipulate the listener to advance her ideological narrative. Such a point of view is not compatible with our Constitution, or with Individual Rights under the Rule of Law, such a person as ‘Judge’ Brown, has no business being involved in the law, let alone having a seat on the Supreme Court.

I don’t need her to tell me that she puts ‘objective truth’ in scare quotes, when she’s demonstrated so well that she believes just that. And given that, I find it hard to imagine why anyone would bother asking her for the ‘reasoning’ behind her sentencing of this criminal or that. It advanced her narrative and undermined our society and the rule of law. End of story. That’s CRT’s purpose and interest, and that is exactly what Delgado & Stefancic meant when they wrote an explanation of it for High School level audience with ‘Critical Race Theory: An Introduction, first edition (2001)‘:

“… critical race theory calls into question the very foundations of the liberal order, including equality theory, legal reasoning, Enlightenment rationalism, and the neutral principles of constitutional law…”

IOW: There is no reason for you to think that her words bear some intentional relation to reality. Why would anyone give her the credit of thinking that they might?

The frosting on the cake, of course, was her meme worthy reply to Sen. Blackburn asking her if she could provide a definition of a woman.

“No. I can’t. Not in this context, I’m not a biologist.”

, what she meant of course, was ‘Sorry, no, that wouldn’t benefit the narrative of lies that I am advancing, and intend to continue advancing while on the SCOTUS’.

I’m sorry, but ‘Liar’ is a far too respectful term for such a person as that, but if you’re willing to have the likes of that ‘darken counsel with words that have no knowledge‘, go for it, but know that if you judge her acceptable, or choose to judge not at all, you will be judged for that, and not just by me.

If the first concern that you, like Joe Biden, have about ‘Judge’ Brown, is about what her race is and that she is a woman (whatever that is), then you are a racist and a sexist. If your main concern about her nomination, is which political party she aligns with and furthers, rather than being deeply concerned with how the implementation of her ideas through our courts will affect the Rule of Law in our nation, then you are an ally of lies and are serving the advancement of hatred, death, and destruction.

For me, as she has shown herself to be, at best, an unjust person, she has no business sitting on any court of law in the land, let alone the Supreme Court of the United States of America. If Brown is confirmed to the Supreme Court, as it seems likely she will be, the prospects of our children’s life, liberty and the pursuit of happiness, will be that much the worse for it.

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