Will Judge Jackson’s Impending Appointment Help Or Hurt Civil Rights?

The premier civil rights law in the nation makes it unlawful for employers to fail or refuse to hire any individual on on the basis of “such individual’s race, color, religion, sex, or national origin.”

Title VII of the Civil Rights Act was passed in 1964, amid sit ins and marches, to ensure equal opportunity in employment for minorities.

Democratic President Joseph Biden ignored Title VII when he announced he would choose a Supreme Court candidate who is a black woman, and then picked Judge Ketanji Brown Jackson.

Additionally, he ignored the Fourth Amendment to the U.S. Constitution, which was adopted in the aftermath of the Civil War and prohibits states from denying to any person “the equal protection of the laws.” The U.S. Supreme Court in the landmark case of Brown v. Board of Education held that race discrimination violates the Fourteenth Amendment.

Judge Jackson, who was appointed to the U.S. Circuit Court of the District of Columbia less than a year ago, is currently the subject of nomination hearings before the U.S. Senate. Democrats say they have the votes to confirm her nomination.

A Fraction of 6%

Pres. Biden isn’t the first president to pick a justice on the basis of external characteristics.

GOP Pres. Ronald Reagan announced in 1980 that he would pick a woman for the nation’s highest court, and Sandra Day O’Connor became the first female justice.

However, Pres. Biden drastically narrowed the field of potential nominees to fill the vacancy on the Court created by the retirement of Justice Stephen Breyer.

African American women comprise around six percent of the U.S. population and, of that percentage, only a tiny fraction normally would be considered qualified to serve on the nation’s high court.

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International Cisgender Day?

It may be time to rename International Women’s Day, which was organized in 1909 to commemorate the cultural, political and socioeconomic achievements of women.

Face it. The term “women” has fallen into disfavor. It’s discriminatory.

According to the ACLU, the term “women” isn’t gender neutral.

Women today must be called “cisgender” or “people with a gender that aligns with the sex they were assigned at birth.”

Don’t dare to question the innate femaleness of a male who identifies as a woman. She also can compete on a collegiate woman’s swim team, even if her 6-foot, four-inch body towers over her biological female counterparts. And she can use the locker room if she has not undergone sex reassignment surgery. She is a woman.

Birthing Person?

Along with the term “women,” it appears the term “mother” also is going the way of fireman and actress.

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Judge Must Face Trial For Allegedly Obstructing Deportation

A federal appeals court has refused to dismiss a case in which a Massachusetts state court judge allegedly arranged for the escape of an undocumented immigrant who previously was twice deported and was suspected of narcotics possession and drunk driving.

A three judge panel of the U.S. Court of Appeals for the First Circuit said Judge Shelley M. Richmond Joseph, of Newton, MA, and her then clerk, Wesley MacGregor, must face trial for allegedly conspiring on April 2, 2019 to release the prisoner, who was appearing before Judge Joseph to be arraigned.

Judge Joseph and MacGregor allegedly turned off the courtroom recorder in violating of courthouse rules, and devised a ruse that the prisoner would go to a basement lockup to retrieve some property and then exit the courthouse. MacGregor allegedly used his access card to swipe the prisoner out the back door of the courthouse (and then allegedly lied about accidentally turning off the courtroom recorder.)

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Huge Step Forward For Sexual Harassment Victims

Sexual harassers in the past managed to slither undetected from workplace to workplace, thanks to the anonymity offered by forced arbitration.

But times are changing.

President Joe Biden this week signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, landmark legislation that prevents employers from requiring workers to sign arbitration agreements that preclude them from filing in a lawsuit in court involving sexual assault or sexual harassment.

Biden called it a “momentous day for justice and fairness in the workplace.”

His assessment was affirmed by a rare lack of partisanship in Congress. The U.S. Senate approved the measure on a voice vote, which meant there was no opposition. There was a split roll call vote in the House of Representatives but it was approved by 222 Democrats and 113 Republicans. Yet, 97 House Republicans opposed the bill, including a number of women.

Clueless Dupes?

Why would a female legislator oppose something that protects women from violence in the workplace? The bill merely brings sexual harassment into the light of day by giving victims the right to go to court. Workers can still voluntarily opt to proceed with arbitration if they choose.

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Is Anyone Else Sick of America’s Class System?

Surprise, another Harvard grad has been nominated to the U.S. Supreme Court.

The clearest evidence of America’s unacknowledged class system is undoubtedly the U.S. Supreme Court, which continues year-after- year to be populated almost exclusively by law school graduates from two elite private universities on the East coast, Harvard and Yale.

This is the Court of last resort in America. The third branch of government. It should not be dominated by two elite private schools over which taxpayers have no control. Harvard and Yale are the equivalent of private clubs.

President Joe Biden on Friday nominated Judge Ketanji Brown Jackson, a cum laude graduate of Harvard Law School to replace retiring Justice Stephen G. Breyer, also a Harvard JD. She is currently a justice on the U.S. Court of Appeals for the D.C. Circuit in Washington, DC.

If Judge Jackson’s nomination is approved, she will contribute to the racial diversity of the court as the first African-American woman on the Court. But she will continue the lack of intellectual diversity on the Court.

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