Judicial system 'unfair' to sex offenders, says Biden's Supreme pick

Joe Biden and Ketanji Brown Jackson (Video screenshot)
Joe Biden and Ketanji Brown Jackson (Video screenshot)

President Biden’s Supreme Court nominee, Judge Ketanji Brown Jackson, acknowledged in a Senate confirmation questionnaire that she was the author of a paper published anonymously that charged the American judicial system was “unfair” to sex offenders.

The paper, which said sex offenders’ punishments had been “excessive,” “unfair and unnecessarily burdensome,” was titled “Prevention Versus Punishment: Toward a Principled Distinction in the Restraint of Released Sex Offenders.”

It was published in 1996 in the Harvard Law Review as a “note.”  Jackson did not disclose her authorship until the Senate Judiciary Committee asked her to list published writings as part of her nomination, Just the News reported

She argued that courts had been “unable” to differentiate between “preventive” and “punitive” punishments for sex offenders.

The note was obtained by the American Accountability Foundation.

“[E]ven in the face of understandable public outrage over repeat sexual predators, a principled prevention/punishment analysis evaluates the effect of the challenged legislation in a manner that reinforces constitutional safeguards against unfair and unnecessarily burdensome legislative action,” she wrote.

Jackson noted that convicted sex offenders are subjected to “four major restraints upon release from prison or parole: registration, community notification, DNA testing, and civil commitment.”

She currently is a judge for the U.S. Court of Appeals for the District of Columbia, where many of her decisions have been reversed for judicial overreach.

“Judge Jackson’s record of reversals by the left-leaning D.C. Circuit is troubling for anyone concerned about the rule of law,” Judicial Crisis Network president Carrie Severino told Fox News Digital. “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.”

Severino said such cases “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.”

Jackson, 51, met Wednesday on Capitol Hill with four key members of the Senate Judiciary Committee, Majority Leader Chuck Schumer, Minority Leader Mitch McConnell, Chairman Dick Durbin and the committee’s top Republican, Chuck Grassley.

The committee is scheduled to begin confirmation hearings March 21.

Schumer said Jackson belongs on the court.

“She has real empathy,” the New York senator said, reported Iowa Capital Dispatch. “I think it’s very important in a judge — because you’re having two sides clashing over whatever the issue is — to be able to empathize and walk in the other person’s shoes.”

Schumer said via Twitter he was honored to meet Jackson for the first time.

“She is brilliant, beloved, and belongs on the Court!” he wrote.

Former President Obama tweeted that Jackson “has already inspired young Black women like my daughters to set their sights higher, and her confirmation will help them believe they can be anything they want to be.”

Biden announced Friday his nomination of Jackson to the Supreme Court, fulfilling a campaign promise to choose the first black woman for the nation’s highest court.

If confirmed, she would replace Justice Stephen Breyer, who announced his retirement last month. Jackson, a graduate of Harvard Law School, clerked for Breyer.

Jackson was one of three candidates interviewed by Biden to join a court now dominated 6-3 by Republican-appointed justices.

Critics of Biden’s vow to nominate only a black woman have charged it amounts to racial discrimination, including Sen. Ted Cruz, R-Texas.

“What the president said is that only African American women are eligible for this slot, that 94% of Americans are ineligible,” Cruz told “Fox News Sunday.” “The way Biden ought to do it is to say ‘I’m going to look for the best justice,’ interview a lot of people, and if he happens to nominate a justice who was an African American woman, then great.”

In February, Biden touted his appointment of Clinton confidant Minyon Moore to help him choose the first black female justice, without mentioning she was a Black Lives Matter board member, CRT promoter and supporter of the Defund the Police movement, London’s MailOnline reported.

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This article was originally published by the WND News Center.

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