CBS’s host of The Late Show, Stephen Colbert, repeatedly tried to bait Supreme Court Justice Ketanji Brown Jackson into trashing her conservative colleagues on Tuesday, only for her to stymie him with multiple “no comment” responses. At one point, Colbert lamented “that’s a layup” in response to one of her non-responses.
Jackson was on to promote her new book, and Colbert recalled that “You write also in the book how the Civil Rights Act and the Voting Rights Act were so important to you as a child, and I know you can't share your opinion of Justice Roberts taking a chainsaw to those.”
That did not mean that Colbert would not try to get her to attack Roberts, “But why were they, why were they so meaningful to you? I'm curious what you think of Justice Ginsburg's interpretation of the argument that was made by the majority that well, we don't really need the entirety of these acts anymore because racism isn't as influential in our voting or in our expressed public rights anymore. She said it's like saying, ‘Well, I'm not getting wet, so let's get rid of umbrellas.’”
Jackson simply observed that “she did say that” before answering the first and more biographical question, “My parents had grown up under segregation and when I was born, it was like a door being opened to have these laws that allowed for black people to do anything and to be a full part of our community and so, my parents really invested in me. They said this is our opportunity, really. All the stuff that we didn't get to do growing up, now we want our daughter to be able to do that and so I credit that with my success.”
Later, the duo was discussing how judges have to separate their own opinions from what the law requires when Colbert wondered, “Are you confident that all of the justices share that idea?”
Jackson affirmed that she is, which led Colbert to dig back up the Alito family flag nontroversy, “Follow-up question: do you have any flags you like to fly? Like, at Thanksgiving, would you put a turkey flag out front? Some people like to do that.”
Amid the laughter, Jackson offered, “No comment.”
Later, Colbert would try again, “Does it seem antithetical to originalism to you that right after they got rid of the king that the founders would intend that our president would have kingly immunity?”
Yet again, Jackson had “no comment.” Trying to laugh it off, Colbert mourned, “That’s a layup, what are you talking about?”
If it is such a layup, maybe Colbert could invite one of the conservative justices onto his show and he could share with them his profound legal insights. Maybe he doesn’t because the Court did not rule that presidents have “kingly” immunity.
Speaking of the founders, earlier in the show, Colbert attacked the system they created. After reporting that Kamala Harris leads Donald Trump 48-43 percent in a new USA Today poll, Colbert lamented, “But just because she leads nationally, it doesn't mean Harris has got this in the bag thanks to the Electoral College! It's a flawed system, the founding fathers... slavery.”
Here is a transcript for the September 3 show:
CBS The Late Show with Stephen Colbert
9/3/2024
11:38 PM ET
STEPHEN COLBERT: In the latest USA Today-Suffolk University- nerds gummy clusters poll, nationally, Harris leads Trump 48 percent to 43 percent Wow. That's good. That's good. 48 percent. That really restores my faith in almost half of humanity. Harris is particularly popular with women, while Trump is ahead among men, leading some to call this the boys versus girls election. And remember: Many Trump voters are not vaccinated against cooties. Circle dot. Cooties shot. But just because she leads nationally, it doesn't mean Harris has got this in the bag thanks to the Electoral College! It's a flawed system, the founding fathers... slavery.
…
COLBERT: You write also in the book how the Civil Rights Act and the Voting Rights Act—
KETANJI BROWN JACKSON: Yes.
COLBERT: — were so important to you as a child—
JACKSON: Yes.
COLBERT: — and I know you can't share your opinion of Justice Roberts taking a chainsaw to those. But why were they, why were they so meaningful to you? I'm curious what you think of Justice Ginsburg's interpretation of the argument that was made by the majority that well, we don't really need the entirety of these acts anymore because racism isn't as influential in our voting or in our expressed public rights anymore. She said it's like saying, “Well, I'm not getting wet, so let's get rid of umbrellas.”
JACKSON: She did say that.
COLBERT: Yes.
JACKSON: I would say that these acts were very important to me in particular because I was born within five years or so of the Civil Rights Act and the Voting Rights Act. And my parents had grown up under segregation and when I was born, it was like a door being opened to have these laws that allowed for black people to do anything and to be a full part of our community and so, my parents really invested in me. They said this is our opportunity, really. All the stuff that we didn't get to do growing up, now we want our daughter to be able to do that and so I credit that with my success.
…
COLBERT: Are you confident that all of the justices share that idea?
JACKSON: Yes, I am. That is—
COLBERT: I don't know why that's a joke to you people. Simple question. Follow-up question: do you have any flags you like to fly? Like, at Thanksgiving, would you put a turkey flag out front? Some people like to do that.
JACKSON: No comment.
COLBERT: No comment, okay.
…
COLBERT: Does it seem antithetical to originalism to you that right after they got rid of the king that the founders would intend that our president would have kingly immunity?
JACKSON: No comment.
COLBERT: That’s a layup, what are you talking about?
