Ketanji Brown Jackson, nominee for US Supreme Court.

Biden’s Supreme Court nominee: No, I don’t know what a woman is

A notable and remarkable flub in what otherwise has been an assured and low-profile performance from Ketanji Brown-Jackson, Joe Biden’s nominee for the United States Supreme Court:

All the more notable, in fact, because one of the selling points for President Biden in nominating Judge Jackson to that country’s highest court is the fact that she’s the first black woman ever put forward for the institution.

Her line here is that she cannot define what a woman is because she is “not a biologist”. Really?

In more normal times, this wouldn’t really be a matter of any great importance to a Judge. We don’t tend to ask judicial nominees, for example, what a “pancake” is: The answer to that question is so universally known and accepted that it is not likely to become a matter of judicial interpretation. Unfortunately, that is not really the case with the word woman, since we are in the midst of a kamikaze progressive campaign to convince the public that nobody can really be sure, in fact, what a woman is. Such matters are likely to end up before courts.

Judge Jackson’s answer, then, is revealing in a critical way: She, apparently, has an open mind on it. A woman could be anything at all, depending on what a biologist – to use her example – says.

The problem here, of course, is that this just is not true. A woman is an adult human female. We say female because female is a biological term: A female is born with two X chromosomes, as opposed to an X and a Y chromosome. A female – in mammalian terms, and humans are mammals – is the child-bearing sex. Females are born with ovaries, containing eggs, which may later become children. Females will develop biologically distinct sexual organs, compared to men: A vagina, and womb, as opposed to the male penis, and testicles.

Definitionally, a male cannot be a female. Nor can a male become a female. There is no medical treatment or process on this planet which enables a person born male to acquire ovaries, or eggs, or a second X chromosome.

There are, of course, those males who choose to live their lives as women, feeling that due to an accident of nature, their self identity and their biology are misaligned. But such a cruel accident of nature cannot be reversed: You are, unfortunately, stuck with the biological make up that nature dealt you. The same is true of a woman who feels that she should really have been born male. It’s all very unfortunate, but… she wasn’t.

Most people can agree on that. Further, most people can agree that those who do find themselves in that awful situation should be afforded dignity, and compassion: If somebody wants to live as a woman and wear female clothes and change their name, so be it. It should be no skin off our noses if somebody chooses to make themselves look female, or use a traditionally female name, or wish to be addressed as “she”.

The problem is simply that none of this makes them a woman. It makes them a transgendered male.

The conflict here is not about whether people have the right to be transgendered. Of course, they do. The conflict instead is about whether people have the right to claim that biological distinctions are completely meaningless, and that our gender is simply something we can choose. It is not.

A male person who is transgendered and choosing to live as a female is not a woman. They were not born with female DNA, or female sexual organs, or female characteristics. They are male. And they should not, for example, be partaking in female sports.

The whole reason we have female sports – as opposed to mixed gender sports – is that males are physically stronger than females. An average male athlete will usually outperform an elite female athlete. With a few (very rare) outliers, the fastest woman on earth will never come close to the fastest man on earth, or the strongest, or the fittest. Female sports, then, exist to provide an arena in which to celebrate the accomplishments of women who have become the very best versions of themselves that biology permits them to be.

When we start allowing male bodied people into female sports, that is no longer the case. A trans person, born male, who wins a woman’s race has not become the very best version of themselves that biology permits. They have just competed against people who cannot possibly match up.

Anyway, that long digression aside, this is something most people instinctively understand. Which is why the political left is on a hiding to nothing with this “we don’t know what a woman is” stance.

We do know what a woman is. And so does Judge Jackson. She’s just afraid to say it out loud, for fear of backlash from an increasingly crazy progressive commentariat.

But whatever her reasons, you can’t blame any American Senator who chooses not to vote for the Judge. Somebody who doesn’t know what a woman is has no place on the bench, because there are only two possibilities: They are stupid, or they are pretending to be stupid because they are afraid of the truth. Neither one makes a good judge.



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