(FiveNation.com)- Last Thursday, Harvard law professor Alan Dershowitz expressed concern over Biden’s Supreme Court nominee Ketanji Brown Jackson’s record on free speech and suggested that she should have been better prepared for questions on abortion and gender during her confirmation hearing.
In an interview with “Just the News, Not Noise,” Dershowitz recounted a Harvard protest Jackson led in 1991 against “offensive flags” after a Virginia student displayed a Confederate flag outside of her dorm window. Another student was so offended by it, she displayed a Nazi flag outside of her window to show how offensive the Confederate flag was.
Jackson, who was part of the Black Students Association, tried to get both flags taken down. Dershowitz said he didn’t agree with the student who displayed the Confederate flag, but he still defended her right to free speech and ultimately won the case.
Dershowitz said he was surprised that no senators asked Jackson about her position on free speech given that incident. He said he hopes Jackson’s position has changed in the last 31 years and that she does understand that one of the greatest threats to free speech comes from claims of equality. He said true equality only comes when there is complete freedom of speech in the First Amendment.
Regarding Jackson’s answers on abortion and her bizarre answer to Senator Marsha Blackburn’s question asking for a definition of the word “woman,” Dershowitz said Jackson should’ve known questions like these were going to come up and should’ve been better prepared for them.
But Dershowitz also said that the Republicans’ questions on Jackson’s lenient sentencing of child sex predators were inappropriate. He pointed out that Supreme Court Justices don’t sentence people and they “almost never” hear cases involving sentencing.
Calling them “gotcha” questions, Dershowitz said they were designed not for Jackson, but the Republican base.
Dershowitz said Jackson isn’t going to get a case that deals with whether or not a child pornographer should’ve been sentenced more or less harshly because the Supreme Court doesn’t make those decisions. Those decisions, Dershowitz explained, are made by lawmakers and by the Sentencing Commission.
Dershowitz told Just the News that he doubts Jackson expected to be asked about her sentencing record.