Commentary The confirmation of Judge Ketanji Brown Jackson to the Supreme Court of the United States is being loudly proclaimed by the Biden administration as a triumph for diversity, equality, African-American rights, women’s rights, and of an interpretation of the Constitution that’s so flexible, it’s reduced to a platitude enjoining jurists to interpret the Constitution in the way most amenable to that person’s individual social and political preferences. To borrow from the vocabulary of judges, that representation of Justice Jackson is correct in part and mistaken in part. As many have pointed out, it’s distasteful for the president to have stated the need for a female African-American Supreme Court justice, as it absolutely isn’t a post connected to any subcategory of the population. The criterion for such a nomination is the most capable and well-qualified person available, and as it would be impossible to identify any particular victorious candidate by …
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