Sometimes, our decisions matter a lot, even if they can’t change the outcome. Republicans should heed this advice carefully when considering Joe Biden’s recent Supreme Court nominee, Ketanji Brown Jackson. While Republicans likely can’t block her eventual confirmation to the Supreme Court, they should base their vote on her record and nothing else.
Republicans stand for jurists who align with the Constitution. True Republicans, as opposed to RINOs and most Democrats, overwhelmingly support judges who are textualists and who refrain from legislating from the bench.
Some Republicans have voiced concerns over Jackson’s record. In a recent Fox News article, Judicial Crisis Network President Carrie Severino recently said:
“Judge Jackson’s record of reversals by the left-leaning D.C. Circuit is troubling for anyone concerned about the rule of law. For example, in Make the Road New York v. Wolf, a D.C. Circuit panel composed of a majority of Democratic nominees concluded that Jackson had set aside a Trump administration rule where there was no legal basis to do so.
“Cases like these suggest that Jackson might be willing in politically charged cases to ignore the law to deliver a particular policy outcome, and that’s not what we want to see from a Supreme Court justice.”
Others echoed such concerns.
As reported by ABC News, Sen. John Cornyn, R-Texas, stated, “Ultimately I will be looking to see whether Judge Jackson will uphold the rule of law and call balls and strikes, or if she will legislate from the bench in pursuit of a specific agenda.” Sen. Josh Hawley, R-Mo., was “troubled by aspects of her record.”
Sen. Thom Tillis, R-N.C., who opposed Jackson’s nomination last year, did so with “serious concerns she would legislate from the bench instead of following the Constitution and federal law as written.” According to Tillis, “The fact that Judge Jackson was the strongly preferred nominee of far-left special interest groups is also a cause of concern.”
The Republican National Committee has also come out against Jackson, asserting that she will rubberstamp Biden’s failed agenda.
Biden’s nominee should be judged on her record and nothing else. She should not be confirmed simply because she is the nation’s first black female justice nominated to the Supreme Court. She should also not be confirmed because some Republicans feel “pressured” or because doing so seems like the “right thing” to do. Lastly, she should not be confirmed to create some “history-setting” moment.
Instead, the ultimate decision should hinge on her record.
Republicans should seriously consider her record and whether she will follow the Constitution and the law or whether she is more likely to legislate from the bench or support a far-Left agenda. The Supreme Court is an appointment for life. Those who sit on the court have immense power and responsibility and render precedent-setting decisions that shape the country’s direction.
Although Republicans will be unable to block Jackson’s confirmation, assuming no Democrats vote against it, American voters will still watch intently to see how the conservatives vote.
Mr. Hakim is an attorney and columnist. His articles have been published in The Washington Examiner, The Daily Caller, The Federalist, American Thinker, and other online publications. He is also a regular guest on OANN’s Tipping Point.