The problem with diversity hires is twofold: They're not necessarily the best person for the job, and the person hired may not even have an interest in the job other than the job title.
U.S. Supreme Court Justice Ketanji Brown Jackson is a prime example, and "is carving out a niche among liberals as the 'Great Dissenter,'" according to Cornell University law professor William Jacobson.
There's nothing wrong with dissenting. Judges often disagree on cases, especially given the different approaches to interpreting the Constitution. Conservatives believe the Constitution means what it meant at the time it was written, while liberals call the Constitution a "living document," one that changes over time.
Then there's Justice Jackson, who has an approach all her own. She gave an insight to her judicial philosophy during a recent ABC interview — it's all about "feelings."
"I just feel that I have a wonderful opportunity to tell people, in my opinions, how I feel about the issues," Jackson said. But "feelings" don't cut the mustard in law:
- She may "feel" that so-called "hate speech" isn't protected under the Constitution, but the First Amendment would disagree.
- Jackson may "feel" that private gun ownership is wrong, but she'd be butting heads with the Second Amendment.
- She may "feel" that minorities should enjoy preferential treatment, but that contrasts with the Equal Protection Clause of the 14th Amendment.
Feelings may change with the weather, but the law is written in black-and-white.
Jackson's "feelings" approach to the law came to a head last week when the high court ruled that a federal lower court could not enjoin the Trump administration's large-scale federal layoffs. The decision was 8-1, with Jackson dissenting.
George Washington University law professor Jonathan Turley observed that this was one more example of Jackson's unique approach to the law.
"This is part of a signature of what's becoming a type of judicial abandon that Jackson has towards the power of these courts," Turley said.
Professor Jacobson noted that while Jackson's legal reasoning has been called into question before, in this instance another liberal justice, Sonia Sotomayor, had to "explain the law to [her] like she was a 5th grader."
In this case the issue was whether a federal district court could enjoin the Trump administration nationwide from carrying out its widespread layoffs.
Jackson ignored the real issue to condemn the administration's plans.
Jackson also employs a "pop" writing style when drafting her opinions, a style you might see in a college freshman term paper, but one that most lawyers would find jarring — especially those practicing at the U.S. Supreme Court level.
In one instance she wrote, "Instead, to the majority, the power-hungry actors are ... (wait for it) ... the district courts." In another she noted that "Courts must have the power to order everyone (including the Executive) to follow the law — full stop."
Jacobson had some fun with it, and replied, "I'll meet your '(wait for it)' and raise you a 'full stop.'"
Still not convinced she's in over her head? A 4-minute-plus video was recently released in which she admits she doesn't understand the legal arguments before the court.
Jackson was also chided for appearing in a Broadway queer musical version of Romeo and Juliet.
"I just always loved theater and I've felt very comfortable onstage," she said afterwards of the experience. "I was always performing from when I was very young. It felt like the theater people were my people."
If true, maybe she should stick to acting and leave the weightier subjects to more serious people.
Justice Jackson wasn't Biden's first diversity hire. That honor went to Kamala Harris, America's first black female vice president. Her vacuous, nonsensical public speaking style prompted a new phrase: word salad.
There was also Rachel Levine, America's first trans female assistant health secretary, who removed her mother from a nursing home before ordering nursing homes to accept COVID-19 patients.
And there was Sam Brinton, America's first "nonbinary" nuclear energy official, whose hobby was stealing women's luggage at airports and prancing around in the clothing he found inside.
And there were many more such "firsts" in Biden's administration, all by design.
"To me the values of diversity, equality, inclusion are literally — and that's not kidding — the core strengths of America," Biden said in 2024. "That's why I'm proud to have the most diverse administration in history."
America was rid of those other appointees when the Biden administration ended. Not Justice Jackson — she's in for life.
John F. Kennedy, who is often cited as the last "good" Democratic president, reportedly had only two criteria when forming his administration — "the best and the brightest."
If another Democrat enters the White House, that would be a good tradition to follow.
Michael Dorstewitz is a retired lawyer and is a frequent contributor to Newsmax. He's also a former U.S. Merchant Marine officer and a Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.