MSNBC Guest Says Criticism Of Biden’s SCOTUS Nominee Is Based In Racism


OPINION: This article may contain commentary which reflects the author's opinion.

Elie Mystal, a frequent guest on MSNBC and Justice Correspondent for The Nation apparently believes that any criticism of Supreme Court nominee Judge Ketanji Brown Jackson is racist.

Stunningly the guest said that the judge’s toughest challenge during the hearings would be “not getting out of her chair and punching one of these fools in the mouth.”

“I’m curious, Elie, what do you anticipate to come out of these hearings? Because you know, they’re going to be vying for a viral moment on the Republican side. And what would you say is the biggest challenge to Judge Jackson’s confirmation, if any, given that Democrats have the majority?” host Tiffany Cross said.

“The biggest challenge is her not getting out of her chair and punching one of these fools in the mouth. Like, that’s the hardest thing, because all they have for her right now is racism and disgusting innuendo. Like, they don’t have… They don’t have anything on her record,” the guest said.

“She’s been on the court for nine years. She’s been on the federal bench for nine years. She’s issued hundreds and hundreds of cases. And you do not hear substantive legal arguments about her actual decision-making process coming from these people. All they’ve got is the racism, they want to know about the LSAT scores. Some of them are going to call her an affirmative action nominee. Some of them are going to ask her why she’s not sad that good white people were considered for the job. That’s literally what they have,” she argued.

“And then you have the Josh Hawley ridiculousness. But like, that’s, the challenge will just be keeping her cool because if she keeps her cool, which I’m sure she will do…. We’re talking about a high school debate champion and, you know, a person who has prepared her whole life for these four days. As long as she keeps her cool, she should do fine because she’s so eminently qualified and impeccably credentialed that they don’t really have anything on her,” she said.

Brown, who fulfills Biden’s campaign pledge to nominate a black woman to the nation’s highest court, will no doubt be asked about her “unsettling record of going extraordinarily soft on child sex offenders,” according to a commentary published by The Western Journal.


The piece highlights a lengthy Twitter thread by Sen. Josh Hawley (R-Mo.), a former state attorney general, who noted that, in examining Jackson’s record from the bench, he had found “an alarming pattern” in her rulings regarding child sex offenders.

“I’ve been researching the record of Judge Ketanji Brown Jackson, reading her opinions, articles, interviews & speeches. I’ve noticed an alarming pattern when it comes to Judge Jackson’s treatment of sex offenders, especially those preying on children,” he wrote on Twitter.

He added: “Judge Jackson has a pattern of letting child porn offenders off the hook for their appalling crimes, both as a judge and as a policymaker. She’s been advocating for it since law school. This goes beyond ‘soft on crime.’ I’m concerned that this a record that endangers our children.”

“As far back as her time in law school, Judge Jackson has questioned making convicts register as sex offenders – saying it leads to ‘stigmatization and ostracism.’ She’s suggested public policy is driven by a ‘climate of fear, hatred & revenge’ against sex offenders,” Hawley noted further in a post that included a screengrab of her written remarks.

“Judge Jackson has also questioned sending dangerous sex offenders to civil commitment. We have a civil commitment law in Missouri, and it protects children,” he continued.


“It gets worse,” Hawley’s thread noted further. “As a member of the U.S. Sentencing Commission, Judge Jackson advocated for drastic change in how the law treats sex offenders by eliminating the existing mandatory minimum sentences for child porn.”

“Judge Jackson has said that some people who possess child porn ‘are in this for either the collection, or the people who are loners and find status in their participation in the community.’ What community would that be? The community of child exploiters?” he noted.

“Judge Jackson has opined there may be a type of ‘less-serious child pornography offender’ whose motivation is not sexual but ‘is the challenge, or to use the technology.’ A ‘less-serious’ child porn offender?”


“On the federal bench, Judge Jackson put her troubling views into action. In every single child porn case for which we can find records, Judge Jackson deviated from the federal sentencing guidelines in favor of child porn offenders,” Hawley’s deep dive noted.

“This is a disturbing record for any judge, but especially one nominated to the highest court in the land. Protecting the most vulnerable shouldn’t be up for debate. Sending child predators to jail shouldn’t be controversial,” he said, adding that the U.S. Sentencing Commission has been “stonewalling” his request for additional records.

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