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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Federal Judiciary Recognizes Civility And Respect In Its Workplace

The federal judiciary routinely hears (and often dismisses) lawsuits filed by workers who have suffered soul crushing disrespect, humiliation and abuse from an employer.

This is one reason why the recommendations of The Federal Judiciary Workplace Conduct Group matter.

The group this week re-committed to the promotion of an “exemplary workplace” for the 30,000 employees of the federal court system “through engaged leadership and more expansive education in the areas of civility, respect and communication.”

Historically, federal judges have graduated from elite colleges and law schools to high-paid jobs in private law firms representing employers to the bench. There, they are exempt from federal discrimination laws. And they have lifetime tenure and can’t be forced to retire.

The federal judiciary’s workplace was the antithesis of democratic. Federal judges were the equivalent of kings in their chambers, and many young law clerks were treated more like serfs than workers.

After several high profile cases where staff complained of sexual harassment and workplace bullying by federal judges, U.S. Supreme Court Chief Justice John G. Roberts, Jr., in 2018 appointed the workplace conduct group to improve the environment in which federal employees work.

If federal judges must treat their workers with dignity and respect, perhaps they will expect this of other employers?

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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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Doesn’t Apple Know Child Sexting Is Illegal?

Apple recently announced its next iPhone update will include a feature that warns U.S. users under the age of 18 before they send or open text messages with nude photos.

That’s all well and good but why is Apple allowing users to send children under the age of 16 nude photos?

Doesn’t Apple know that sexting involving minors is strictly illegal in most states and under federal law.

Sexting is the taking, sending or receiving of nude or sexual photos or videos by electronic means, whether through a text message, social media or email.

Why doesn’t Apple understand that it may be a party to sexting to minors when it knowingly transmits nude photos to minors? Apple should block such material if it has notice, which it is admitting that it has when it warns a child who is about to open or send a nude photo.

Apple declined to respond to an email request for comment.

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Mass School Shootings: Who Is Responsible?

A handyman recently told me that he was estranged from his teenage son because his ex wife agreed to pay half the cost of purchasing an M-15 semiautomatic rifle for the son as a graduation present if his father would pay the other half.

The handyman refused.

I thought of him Tuesday when a 15-year-old sophomore brought a nine-millimeter semiautomatic handgun to Oxford High School and in a matter of minutes had killed four fellow students and injured several more.

Good call on the part of the handyman, I thought.

Why Do Kids Want These Guns?

Then I wondered anew why teenagers want the type of gun used in 2017 in Las Vegas when Stephen Paddock, a 58-year-old gambler, killed more than 50 people and injured hundreds more who were attending a music festival.

Kyle Rittenhouse, then 17, had an AR-15 type semiautomatic rifle in 2020 when he went to Kenosha, Wisc. and ended up killing two people in self defense.

It seems obvious to me that much of the problem lies in America’s culture, which is polluted by violent video games (i.e., Mortal Kombat, Splatterhouse, Grand Theft Auto) and easy access to semiautomatic firearms.

The massive industries that churn out violent video games and semiautomatic firearms are shielded from responsibility for mass shootings by federal and state laws and our court system. But parents are not.

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