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March 24, 2022

Will Ketanji Brown Jackson be a better justice than her old boss Breyer?

As Ketanji Brown Jackson has wended her way through the first round of Senate dick-swinging at the Judiciary Committee level, the "august" committee within the "august" body has tried to pin her down. And, since it's touted that she clerked for Stephen Breyer, it's fair to ask if she'd be better than him.

Shit, from my perspective, it would be hard to be worse. Breyer was lamer than even the so-called "Notorious RBG," and I've shown in detail that Ruth Bader Ginsburg was a bad justice on the First and Fourth Amendments, even hating on Colin Kaepernick.

But, Breyer was worse. 

First, all the "pergressuve" justices, as I have detailed, have been problematic at times, to put it mildly. Sotomayor was arguably the least bad, but had an appellate court record on the Fourth. Kagan, of course, was Dear Leader's Solicitor General. And, hated on Louisiana defendants as a justice.

On the First Amendment, all of them hate the freedom of assembly clause. They hated it almost a decade ago. Friendly reminder: The First Amendment has five clauses.

But, Breyer was especially odious on the freedom of religion clause. Kagan joined him in being craptacular on American Legion vs American Humanist Association. As I noted, Breyer was trying to protect and defend his legacy of being craptacular on Von Orton vs Perry.

And, before Breyer, moderate and librul justices, including Thurgood Marshall, gave us qualified immunity.

That said, if it was more than suck-up-itis for Jackson, per her CNN bio, to talk about Breyer's "brilliant legal mind," we're in fucking trouble.

We are in other ways, too. This adds another Ivy League grad to the bench.

If Biden REALLY wanted diversity, a gay or lesbian secularist socialist would have fit the bill.

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