Against Judge Jackson

Judge Jackson is well qualified for the position, judged by her résumé and by the fact that she has spent eight years on the federal bench (though less than a year in her current position on the Court of Appeals) without exhibiting any obvious misbehavior — except in one thing: She does not believe in the rule of law.

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And that should be — should be — disqualifying.

Judge Jackson isn’t any worse than the justice she is replacing and very likely would be better than whoever is next on Joe Biden’s list, but, as a matter of principle, she should be opposed.

Justice Thomas is often — and dishonestly — described as a conservative justice or a right-wing justice. But what Justice Thomas actually is, is a textualist justice, which is a fancy way of saying that he is someone who believes that we write our laws down for a reason and that judges — including the highest judges in the land — are obliged to follow what the law actually says, rather than what they wish it said, what they think it should say, or their own idiosyncratic sense of fairness or morality. We call them “justices,” but they are not in the justice business — they are in the law business. And if achieving justice requires a change in the law, then the people must elect new lawmakers to make that change.

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