MEGHAN MCCAIN: Judge Jackson’s refusal to define ‘woman’ exposed absurdity of identity politics
I want to start this column by stating that I believe the best way for Americans to progress past our most difficult political and cultural divisions is to treat each other with compassion, empathy, and respect.
Of course, that feeling extends to the transgender community.
But the reality is that the progressive left’s insistence on forcing extreme views on gender and sexuality on the rest of the country have left many of us confused and frankly scared of talking about it.
Evidence of this was on full display at the Supreme Court confirmation hearings of Judge Ketanji Brown Jackson.
Judge Jackson is not a nominee that I would have preferred because I am a conservative, pro-lifer.
However, Democrats control the Senate and White House and Judge Jackson’s judicial record, educational background and reputation demonstrate that she is qualified to sit on the nation’s highest court.
In fact, according to a new Gallup poll, 58% of Americans would like to see the Senate confirm her nomination.
That’s the second highest level of public support ever recorded for a nominee. John Roberts’ nomination received 59% support in 2005.
Thankfully, the hearing has been devoid of much of the soap opera melodrama of the Justice Brett Kavanaugh hearings that tore the country in half.
And Judge Jackson is well on her way to becoming the first African American woman to sit on the high court. That should be celebrated for its historical merit.
According to a new Gallup poll, 58% of Americans would like to see the Senate confirm Judge Jackson’s (above right) nomination.
I expect that I will probably be angered by many of her future judgments, but again, this is how the process works.
With all that said, Judge Jackson is undoubtedly an intelligent woman, probably a brilliant woman, which is why I was surprised and disappointed when Judge Jackson refused to answer Republican Senator Marsha Blackburn when she was asked to define the word ‘woman.’
In a truly head-scratching moment, Judge Jackson said she couldn’t answer that question because she is ‘not a biologist.’
Now, I don’t entirely blame Judge Jackson for this utterly ridiculous statement. I am sure the judge had been coached to avoid wading into politicized issues, of which gender has become one of the most divisive.
But the harsh reality is that we are now at a place in American society when a nominee for the Supreme Court cannot say if women are real or not.
If you can’t define something, it doesn’t exist.
Senator Ted Cruz also drilled down on this in his questioning.
‘Let me ask you as a judge, how would you determine if a plaintiff had Article 3 standing to challenge a gender-based rule, regulation, policy without being able to determine what a woman was?’ he asked.
‘I know that I am a woman, I know that Senator Blackburn is a woman,’ Judge Jackson said.
‘And the woman who I admire most in the world is in the room today – my mother,’ she concluded, clearly dodging the issue.
Have no doubt, this absurd moment is the fault of progressives and the weak Democrats, whose silence has enabled the far-left extremists in their party.
As a feminist, I was taken aback.
I also have a little girl, who I must prepare to be strong and take on a world which is very much still controlled by men and the patriarchy.
What am I to tell her?
While I believe that we are not defined by our immutable characteristics, I do believe that there is something special about being a woman.
We have certain live experiences that help define us. And if a biological man can become a biological woman – then where are we left?
I was surprised and disappointed when Judge Jackson refused to answer Republican Senator Marsha Blackburn (above) when she was asked to define the word ‘woman.’
Because make no mistake – that is what this is all about. According to progressive extremists, biological gender is not fixed.
But this leads to a contradiction that these progressives need to sort out.
They can’t play smart and play stupid at the same time.
President Biden nominated Judge Jackson, in part, because she is an African-American woman.
It is the same justification that led to Biden picking Kamala Harris as his running mate.
It was a promise that Biden made to the American public and African American women in America who helped send him to the White House.
If Judge Jackson were a man, she would not be in the nominating process right now. Full stop.
So, is being a woman important or not?
Are women a distinct group of human being or are we not?
Are women’s unique life experience important or not?
Supporters of Hillary Clinton promoted the historic nature of her candidacy because she would have been our first woman president.
If a biological male can become a biological female then what is so special about womanhood?
The Democratic party, which traffics so easily in identity politics and prints ‘Nevertheless, She Persisted’ on mugs, shirts and bumper stickers, should have an answer.
Senator Ted Cruz (right) also drilled down on the definition of a ‘woman’ in his of Judge Jackson (standing in middle) questioning
I fully expect the question: Can you define the word ‘woman’ is to be asked to every high-level politician and in every presidential debate going forward.
Perhaps the truth of the matter is that progressives have stumbled upon the realization that human beings are not wholly defined by their identity.
Maybe we are in fact individuals, who don’t fit into neat categories.
Maybe it is more important to nominate a qualified judge than it is to nominate a woman judge. And that also goes for choosing a vice president or electing a president for that matter.
Judge Jackson’s ridiculous refusal to state the obvious is the end result of high-minded elites deciding among themselves how society should work and then imposing their beliefs on the rest of America without considering the real world consequences.
Democratic chairman of the Senate Judiciary Committee, Dick Durbin flippantly dismissed the uproar over the gender issue and others as ‘culture war theories’.
He’s right about one thing — the culture war is raging in America.
But Durbin is fooling himself if he believes that his party is not going to pay a price at the ballot box for the confusion they’ve created.