Sen. Marsha Blackburn (R-Tennessee) joins Penny Nance, CEO and President of Concerned Women for America to discuss the Supreme Court confirmation hearings of Ketanji Brown Jackson and her inability to define “woman.”
Listen to the podcast below.
Check out more Concerned Women Today podcasts here.
Nance’s latest op-ed comes in response to Supreme Court nominee Ketanji Brown Jackson’s inability to even define “woman” in her confirmation hearings last week. Her insistence that, because she was not a biologist, she was incapable of distinguishing between a male and a female makes one wonder how Judge Jackson will be able to make rulings about the hundreds of laws that acknowledge the differences between male and female—and specifically those meant to protect women.
Read the latest from Penny Nance, Concerned Women for America’s CEO and President, here.
Early in the second day, the focus of the hearings for Ketanji Brown Jackson’s (KBJ) nomination to the United States Supreme Court was on a concerning pattern that has emerged where KBJ has given low sentences to defendants in possession of child pornography. Having given ample room for KBJ to explain her thought processes in these cases, we can say the explanations we heard were simply unsatisfactory.
Sen. Josh Hawley (R-Missouri), who had given KBJ the specific cases he was interested in, drilled down on one particular case that illustrates the problem. The clip is long, but it is eye-opening, I commend it to you in its entirety:
It is troubling, no doubt. Again, she was given time to prepare to answer questions about those specific cases, so to try to obfuscate the issue with a lack of record is not reasonable. The concern is compounded by the fact that Democrats have denied the Republicans’ requests to release the records from KBJ’s time in the Sentencing Commission.
Even Judiciary Chairman Sen. Dick Durbin (D-Illinois) seemed to agree with Sen. Hawley that the case was unacceptable and suggests it is Congress fault. He suggests that they need to pass a law to prevent judges like KBJ from enacting sentences like she did in that case. Watch:
Her performance devolved from there. She could not answer Sen. John Kennedy (R-Louisiana) when he asked her when does life begin, even though her advocacy for pro-abortion groups is well established. How can someone who doesn’t know when life begins fairly decide when life can be terminated?
The issue was explored further by Sen. Marsha Blackburn (R-Tennessee) who got some incredible confessions out of KBJ as she tried to distance herself from the language she approved of in a brief she cowrote calling pro-life advocates a “hostile, noisy crowd of ‘in-your-face’ protesters.” She apparently didn’t really mean it. She was just “lawyering,” you know. Take a look at this troubling exchange. Take special note of her admission that the Constitution says nothing about abortion, even as she apparently supports the Court in making up such rights by judicial fiat.
But the lowest point of the evening came when Sen. Blackburn tried to address the issue of gender with KBJ. The nominee could not even provide a definition of what is a woman. Apparently, one needs to be a biologist to define the term. Take a look for yourself:
How is a justice supposed to stand up for women’s rights if she cannot even tell you what a woman is? Her non-answer is revealing.
Concerned Women for America (CWA) has been at the hearings, monitoring closely every second. We have given her a fair hearing. But the bottom line after day two is that Judge Ketanji Brown Jackson simply cannot be trusted. Therefore, how could she be entrusted with a lifetime appointment to the nation’s highest court in the land? There are still a couple more days of hearings, but the damage she has done today seems too much for anyone to overcome.
Stay tuned.
The first day of the hearings of Judge Ketanji Brown Jackson’s (KBJ) nomination to the United States Supreme Court is over. Members of the Senate Judiciary Committee got an opportunity to make opening remarks, and then we heard the opening statement from KBJ.
In his opening remarks, Sen. Ted Cruz (R-Texas) set up the hearings well by addressing why nomination hearings have become so controversial. Judicial activists taking on the role of legislators has much to do with it. Here is the clip:
This is the central question to assess in looking at this nomination. Will she be the type of justice that sees her role as one who brings “progress” to the law, pushing legal interpretation beyond the text of the law and the Constitution in order to implement policies that they personally believe are important.
Roe v. Wade is the classic example of the justices reaching beyond the text of the Constitution in order to implement changes they personally deem important. KBJ’s support for abortion “rights” is alarming, and it is one area that we hope we can hear more about during the hearings. Note the difference. The support of the policy is not the issue. The use of legal interpretation as a way to promote social or cultural change is the crux of the matter.
The Court is primed to hear some crucial cases in the coming years in which this type of judicial philosophy will be crucial to the protection of our liberties. We were grateful for Sen. Marsha Blackburn (R-Tennessee) for bringing up some the issues of parental rights and women’s rights during her opening remarks. Here’s that important clip:
Sen. Josh Hawley (R-Missouri) also raised some important questions regarding KBJ’s work as a trial judge deeply involved with sentencing matters. He listed several concerning cases related to the very sensitive issue of child pornography. As Sen. Hawley ended his opening remarks, we look forward to hearing the nominee’s explanation in the next few days.
Finally, we were glad Sen. Cruz heard our request for some accountability on the incredible injustice done to Justice Kavanaugh and the numerous blatant violations of Senate procedures committed for purely partisan reasons. This fact should never escape conservative senators’ minds going forward until some accountability is implemented.
Concerned Women for America (CWA) is at the hearings right now meticulously monitoring this nomination and will have updates for you throughout the week as we get into the question and answers portion of the hearings which we hope will help to shed more light on the concerns about the type of justice KBJ would be.
President Joe Biden has announced his pick for the U.S. Supreme Court, Judge Ketanji Brown Jackson, and has received widespread acclaim and praise for nominating the first African-American woman to the nation’s highest court. Few have mentioned that in 2005, then-Senator Joe Biden almost single-handedly destroyed the career and reputation of an accomplished, brilliant jurist who also happened to be an African-American woman.
Read the latest piece from Penny Nance, Concerned Women for America‘s CEO and President.
“I’m going to remember this,” he vowed.
During the Kavanaugh confirmation hearings, Sen. Lindsey Graham galvanized conservatives everywhere when he stood up against the injustices being committed against “a good man.” He spoke for millions of Americans who were outraged by the unjustified antics they were witnessing in the Senate Judiciary Committee when he called the hearings “the most unethical sham since I’ve been in politics.”
Conservatives want that fire back as the Senate considers Judge Ketanji Brown Jackson, President Joe Biden’s nominee to replace Justice Stephen Breyer on the Supreme Court — not only from Graham but from all conservative senators.
Are they going to put up with the same malicious shenanigans by liberal radicals with this nomination? Some Democrats have already started to accuse GOP senators of racism before the hearings have even started. Conservatives should not put up with it. Not after Kavanaugh…
Click here to read Mario’s op-ed as featured exclusively on The Western Journal.
Penny Nance, CEO and President of Concerned Women for America (CWA), the largest public policy organization for women in the country, had this to say on the retirement announcement of Associate Justice of the United States Supreme Court Stephen Breyer:
“Justice Breyer’s announcement comes as no surprise to those of us engaged in the policy, political arena. The Democrats are facing a potentially disastrous midterm election, and the left has been aggressively, and very publicly, pushing for his retirement—to their shame honestly.
“We are thankful for Justice Breyer’s service and have shown respect for him, even when we vehemently disagree with his judicial philosophy.
“But the radical left does not care. And it is that same boorish crowd we hope President Joe Biden can resist in making his nomination.
“He needs a win; we can all see that. But I hope he has learned from his recent defeats in the Senate that the radical lefts’ insistence on alienating half the country to get their way is a losing strategy.
“The president has a chance to finally unify the country with a consensus nominee, breaking away from the shameful and vile tactics we have experienced in recent Supreme Court nominations.
“No matter what, CWA’s army of happy warrior women is ready and eager to speak up for truth and justice to prevail on this nomination, against any and all odds.”
For media inquiries, please contact: Katie Everett, Press Secretary 571-420-2488
October 22, 2020
I’m here today on behalf of Penny Nance and all those participating with us as we ride our Women for Amy bus across America.
We’ve logged 3,200 miles since October 6 – starting in Georgia and South Carolina and rolling through South Bend, Indiana, and Iowa among other critical states. Today we’re headed to Texas then Arizona – another 1,500 miles to wrap up our 4-week, 12-state tour.
And I can report that in every place we’ve stopped women are excited and energized about Judge Barrett, soon to be Associate Justice of the Supreme Court.
As Chairman Graham passionately stated: for conservative women, this confirmation is not just about breaking through a glass ceiling, it’s about busting through a reinforced concrete barrier.
Today’s Judiciary Committee action to send Amy Coney Barrett to the Senate for a final vote is a moonshot being witnessed by young conservative women across America who feel they are being censored by a cancel culture. They are wondering if there will ever be a seat at the table for them. Today, the answer is YES – You do not have to compromise your beliefs. Your voice matters. Stand tall and stand proud.
Our daughters, including my own, see in Judge Barrett the strength that comes when a woman of conviction thinks for herself, pursues excellence in her profession, and embraces the values of faith and family that are the unshakable foundations of her life.
We celebrate this moment as a milestone for conservative women who have experienced the disdain and bigotry of the left for far too long. We agree with Judge Barrett in upholding the foundation of our Constitution as the bedrock of our freedoms.
Sen. Joni Ernst (R-Iowa) and Sen. Marsha Blackburn (R-Tennessee) have played an important role representing our voice and values in this process, and we are especially grateful to have had them on the Judiciary Committee for this confirmation.
There is no woman in America more ready and more qualified to be wearing the robe of an Associate Justice of the Supreme Court than Amy Coney Barrett. She will carry a banner for women of faith across America to the highest court.
Today’s boycott by Senate Democrats is nothing more than a political stunt. Americans know Amy Coney Barrett deserves to be confirmed based on her qualifications and her character. We urge all Senators to exercise their duty to advise and consent on that basis alone and vote YES on her confirmation.
The American people are waiting to receive a Victorious ACB on the Supreme Court with the same spirit they embraced the Notorious RBG.
Thank you.
Click here for a .pdf version of the remarks.
To quote Sen. Lindsey Graham (R-South Carolina), Chairman of the Senate Judiciary Committee, Amy Coney Barrett is “going to the Court.” The hearings are over, and she simply shined through it all. The most memorable moments included ACB schooling senators trying to challenge her on precedent and originalism and severability and textualism. She was the smartest person in the room. The moment when Sen. John Cornyn (R-Texas) asked her to show her notes went viral because it illustrated how exceptional she was as a nominee. Here is the clip:
But the most powerful testimony, showing us the type of person we are supporting for the Supreme Court was heard on the last day. It was the testimony of Laura Wolk, one of Judge Barrett’s law students and current Supreme Court clerk, who is blind. She explained the extraordinary help she received from ACB that made it possible for her to break down barriers in the legal profession. Please watch:
These hearings were historic. The voices of conservative women were heard like never before, both inside and outside the hearing room. Sen. Graham highlighted this with his remarks on day two. He said, “This hearing to me is an opportunity to not punch through a glass ceiling, but a reinforced concrete barrier around conservative women. You’re going to shatter that barrier. I’ve never been prouder of a nominee than I am of you.” Here is the expanded clip of his remarks:
Outside, as most of you know, the “Women for Amy” army made its mark, outshining the opposition.
The nomination will be held one week, as is customary, with some written questions and answers for the record submitted. Then a final committee vote is scheduled for October 22 at 1:00 p.m. It is expected to be 12-10, along party lines.
The nomination then will be sent to the full Senate where Majority Leader Mitch McConnell (R-Kentucky) has said, “We’ll go to the floor with her on Friday, the 23rd, and stay on it until we finish this… We have the votes.”
If you have been a friend of Concerned Women for America (CWA) over the years, you only need to refamiliarize yourself with Judge Amy Barrett. CWA activists supported her nomination to the lower court, and we spoke loudly about the anti-religious, anti-Christian bigotry that characterized her opposition. We won that battle. And we will stand strong against such unconstitutional attacks on people of faith this time around.
But we want you to get to know future Justice Amy Coney Berrett now that the President is set to nominate her to the United States Supreme Court.
Personal Life
Amy Coney Barrett was born in Louisiana; she is 48 years old. She and her husband Jesse Barrett live in Indiana with their seven children. Two of the children were adopted from Haiti. One has special needs. It has been reported that the baby was diagnosed with Down Syndrome during a prenatal screening. She is a devout, pro-life, Catholic.
Academic Credentials
Judge Barrett graduated from St. Mary’s Dominican High School in New Orleans (1990). She studied English literature at Rhodes College where she graduated with a Bachelor of Arts magna cum laude (1994). She was Phi Beta Kappa and earned Most Outstanding English Major and Most Outstanding Senior Thesis.
She earned a full tuition scholarship to go to the Notre Dame Law School where she graduated with a juris doctor, summa cum laude (1997). She was the Executive Editor of the Notre Dame Law Review. She was also the recipient of the Hoynes Prize (for the best record in scholarship, deportment, and achievement), the Dean’s Award (for the best exam in Administrative Law, Civil Procedure I and II, Constitutional Law, Contracts, Criminal Procedure, Evidence, First Amendment, Torts II, and Legal Research and Writing).
Legal Career
Upon graduation, Amy Coney Barret earned some prestigious judicial clerkships. First, under Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit (1997-1998), and later under the late, great Supreme Court Justice Antonin Scalia (1998-1999).
Judge Barret then moved to private practice as an associate at Miller, Cassidy, Larroca & Lewin (1999-2000), and later at Baker Bots, LLP (2000-2001), two highly regarded law firms in Washington, D.C.
She later became visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School in Washington, D.C. (2001-2002). Then a Professor of Law, and the Diane and M.O. Miller II Research Chair in Law at the Notre Dame Law School in South Bend, Indiana (2002-2017), where she won the “Distinguished Professor of the Year” award multiple times.
In 2017, she was nominated by President Donald Trump to the U.S. Court of Appeals for the Seventh Circuit where she continues to serve with distinction.
Judicial Philosophy
Judge Barrett is a constitutionalist who believes the text of the Constitution means what it says and says what it means when looking at the original meaning as it was written at the time of its enactment. She has shown through her career that she is willing to show the judicial restraint necessary to refrain from imposing personal policy views under the guise of law. A student of Justice Scalia, she is similarly committed to originalism and stare decisis (settled law) and grappling with these legal doctrines in a way that preserves the most important principles of our founding.
She will be an outstanding addition to the United States Supreme Court.
“This country was built on the fundamental idea of religious liberty and freedom of conscience. The Constitution prohibits a religious test for public office, and we have fought against those who’ve tried to impose one at different points in our history. …This unconstitutional religious bigotry is what passes as legitimate criticism against conservatives these days. We’ve been fighting it for years now,” stated Concerned Women for America’s (CWA) CEO and President, Penny Nance, in her op-ed for Fox News. Read the entire op-ed here.
President Donald Trump has given us great judicial nominees throughout his presidency. It has indeed been the best group we have ever seen. The vast majority have a proven track record of being Constitutionalists who are committed to upholding the Constitution and laws as written.
But every once in a while, an exceptional talent comes along that stands out as someone with an extraordinary intellect and understanding of our history and ideals. Judge Justin Walker is such a jurist. He is President Trump’s nominee to the U.S. Court of Appeals for the D.C. Circuit, where Justice Kavanaugh used to serve. He currently serves as a federal district judge in the Western District of Kentucky.
As the nation wrestles with the constitutional limits of the power grab many mayors around the country are enjoying as the result of the coronavirus, Judge Walker stands out as a judge who understands the importance of our religious liberties as guaranteed by the First Amendment to the U.S. Constitution.
Going into Easter weekend, many mayors, including Kentucky’s Greg Fischer, wanted to prohibit Easter services, under threat of law.
On Holy Saturday, the day before Easter, the matter came before Judge Walker. A Church called “On Fire Christian Center” sued to enjoin Mayor Fischer from enforcing an executive order that prohibited them from gathering, even if they observe social distancing and also if they stayed in their cars and did a “drive-in church” service.
Judge Walker saw that for what it was, a great offense to the Constitution. He then proceeded to enter a temporary restraining order enjoining Mayor Fischer and the City of Louisville from enforcing compliance with their prohibition on “drive-in churches.” In doing so, he wrote a magnificent memorandum that showed complete command of the issue and highlighted its importance on our constitutional structure. I commend to you the entire document. Judge Walker did not hold back:
On Holy Thursday, an American mayor criminalized the communal celebration of Easter. That sentence is one that this Court never expected to see outside the pages of a dystopian novel, or perhaps the pages of The Onion. But two days ago, citing the need for social distancing during the current pandemic, Louisville’s Mayor Greg Fischer ordered Christians not to attend Sunday services, even if they remained in their cars to worship – and even though it’s Easter. The Mayor’s decision is stunning. And it is, “beyond all reason,” unconstitutional.
Judge Walker traced the history of religious discrimination that made us the great nation that we are. He wrote, “The Pilgrims were heirs to a long line of persecuted Christians, including some punished with prison or worse for the crime of celebrating Easter – and an even longer line of persecuted peoples of more ancient faiths.”
He explained the importance of religious freedom and the importance of Easter for Christians. He even showed great sensibility by noting that churches owed no explanation of their beliefs to the government.
The Christians of On Fire, however, owe no one an explanation for why they will gather together this Easter Sunday to celebrate what they believe to be a miracle and a mystery. True, they can attempt to explain it. True, they can try to teach. But to the nonbeliever, the Passion of Jesus – the betrayals, the torture, the state-sponsored murder of God’s only Son, and the empty tomb on the third day – makes no sense at all. And even to the believer, or at least to some of them, it can be incomprehensible as well. But for the men and women of On Fire, Christ’s sacrifice isn’t about the logic of this world. Nor is their Easter Sunday celebration. The reason they will be there for each other and their Lord is the reason they believe He was and is there for us. For them, for all believers, “it isn’t a matter of reason; finally, it’s a matter of love.”
Writing this way, Judge Walker displays great respect not only for the Constitution but also for religious communities (for Christians), which is unfortunately so rare with so many today.
That is why we should be ecstatic to see Judge Walker elevated to the D.C. Circuit. Let us pray for him and the attacks he will surely get for speaking boldly in favor of religious liberty.
As we continue to pray and fight against the unjust, politically motivated, unconstitutional impeachment of President Donald J. Trump, I want to take a moment and look back at the historic achievement we achieved in the area of judicial nominations. I do not want you to miss the important part you played in making this a historic year for the confirmations of federal judges.
Do not miss it. Your voice, through Concerned Women for America (CWA), is heard in Washington! When we speak on behalf or in opposition to a judge here, every senator knows that we have a mighty army of committed women standing strong for the values we represent. They take note, and they do everything to address the concerns we raise.
Recently, a high-level official sent a note of gratitude to CWA for our work on a very tough nomination calling us, “One of the best groups with which we work.” I know this is in reference to the very strategic, professional, energetic, and graceful way in which you engage at the state level and every time we send a call to action from D.C. Thank you!
Let me give you the historic numbers. I am writing to you as the U.S. Senate has adjourned for the Christmas break and has just confirmed 13 judges in a row to make the total of judges confirmed in 2019, 102. That is the second-highest number for confirmations in one year in U.S. history. All total, we have confirmed 187 under President Trump.
Some of the highlights for this year where you shined through CWA include the recently confirmed Lawrence VanDyke to the liberal Ninth Circuit Court of Appeals. Van Dyke is a Christian conservative with an incredible track record of support for the Constitution as written. Neomi Rao to the D.C. Circuit was also an important nomination that could not have happened without CWA’s influential voice. Let me also mention the important nomination of Attorney General William Barr, just to highlight the fact that your work has been important in the confirmation of important officials beyond judges. As you have probably seen, AG Barr’s contributions to the impeachment battle are becoming more and more important as he exposes the frightening abuse of power at the FBI and Department of Justice (DOJ) against then-candidate Donald Trump.
But back to judicial confirmations. Fifty of the 187 confirmations for President Trump have been to the Appellate Court, which given the small percentage of cases the Supreme Court takes, end up being more influential in the day to day administration of justice. These confirmations are important.
Three Circuits were totally “flipped” to have more judges appointed by Republican presidents than Democrats: the second, third, and eleventh. That is significant, but progress was made in all circuits.
Eighty were confirmed in district courts and seven more to other specialty courts. Compare that with just six confirmations to the district court in 2017 and 47 in 2018. No Supreme Court battle and an important rule change limiting the time for debate on district court nominees made that historic gain possible.
To compare President Trump’s 187 confirmations so far, consider President Barack Obama had 124, President George W. Bush had 169, President Bill Clinton 166, and President George H.W. Bush had 128 at the same time in their presidency.
But no discussion of President Trump’s legacy when it comes to judges is complete without mentioning Justices Neil Gorsuch and Brett Kavanaugh. These justices are serving with honor and distinction in the highest court in the land, and your involvement through CWA was instrumental to their confirmations.
