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So many people have written about Judge Ketanji Brown Jackson’s inability to define the word “woman.” I’ll bet every one of those pundits wishes he could have been there to ask the next follow-on question. I know I do. Here’s how I think it should have gone from there.
It begins with the actual exchange: Senator Marsha Blackburn asks the judge, “Can you provide a definition for the word ‘woman’?”
Judge Jackson answers, “No. I can’t. Not in this context. I’m not a biologist. … I my work as a judge, what I do is I address disputes. If there’s a dispute about a definition, people make arguments, and I look at the law, and I decide — “
My what-if here is just for fun. Senator Blackburn takes the judge’s answer very seriously and asks only serious follow-up questions. I’m saying these would be genuinely good questions, not the least satirical.
Given where it actually started, though, there’s only one way the Judge Jackson’s answers could go: Silly. Don’t blame me, though. It was silly before I ever got to it; I’m just drawing it out the rest of the way.
It’s just the two of them, Senator Blackburn and Judge Jackson. How the Hearing Should Have Gone
“Judge Jackson, are you saying that if the question came to court, you’d call in a biologist as an expert witness to answer?”
“Yes, that’s what I mean. Judges do not testify to these things; we call on experts in their respective disciplines for that.”“Which disciplines?”“Excuse me?”“Which disciplines do you call on to determine the meaning of a word like ‘woman’?”“I’ve already told you: Biology.” Why Biology? “Why biology?”“Because it’s quite simply a biological quest — er, because biology has something to say about the issue.”“I see. So, tell me, Judge, what do you suppose biology […]
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