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Andrew Klavan


NextImg:Justice Jackson Invokes Famous ‘Martian Clause’ In Dissent

There’s been a great deal of talk about the Trump vs. CASA decision at the Supreme Court. This, as you know, is the decision that put restrictions on universal injunctions against Trump administration policies issued by federal judge James Boasberg while Boasberg was wearing a cardboard Burger King crown and spinning around the room with his black robe flung out as if it were a pair of wings and simultaneously singing, “Look at me, mother. I am the ruler of the universe. Everyone look at me.” The court decided six to three along ideological lines that Boasberg should not only quit with the injunctions but also possibly see a mental health professional or at least turn down the volume in order to stop disturbing the neighbors. Boasberg responded to the decision by sitting curled up in a corner and sucking his thumb while still wearing the Burger King crown and muttering, “I don’t care what they say. I’m the ruler of everybody,” but in a much softer voice so the Supreme Court wouldn’t hear him and take his cardboard crown away and make him go to bed early.

The court’s decision was written by Justice Amy Coney Barrett and much of the media attention focused on Barrett’s comments about a dissenting opinion written by Justice Ketanji Brown Jackson. Many felt that Barrett’s response to Jackson’s dissent was derogatory, disdainful, humiliating, sardonic, mocking, derisive, sarcastic, belittling, disparaging, denigrating, contemptuous, taunting and even humiliating — and I know I already said that, but it was so derogatory it was actually humiliating twice, and possibly vice versa.

Now part of the reaction to Barrett’s comments might have arisen from the fact that, during her confirmation hearing, Barrett answered questions with so much precision and expertise that it gave the impression that she’s a highly intelligent woman and also kind of hot in a wonk-girl Catholic mom sort of way, whereas at her confirmation hearing, Ketanji Jackson couldn’t even say what a woman is, giving the impression that she was a DEI hire, selected because she’s a black woman without taking into account the fact that she’s also a functional idiot.

WATCH: The Andrew Klavan Show

But here at the Andrew Klavan show, we feel we should take Justice Jackson’s dissent seriously because, you know, that would be funnier. So after spending a great many minutes reading the dissent in depth… I’m not sure exactly how many minutes, but it was a lot. Maybe ten even. I lost count around six or seven. But anyway, after spending a great many minutes studying Justice Jackson’s dissent, I have some important observations.

Jackson dissents to the court’s decision on the grounds that it hides behind a “smokescreen” of “legalese,” by comparing the issues involved in the case to legal precedents in American and English jurisprudence. Instead of this process, sometimes known as “applying the law,” or “judging,” Jackson proposes a different standard called the “sassy black woman” test. In this test, also known as the “Jasmine Crockett standard,” all court decisions and other forms of reasoned discourse must be able to withstand a black woman putting her fist against one upraised hip and saying completely incomprehensible things in an aggressive sing-song voice while leaving the g’s off the endings of her words and using foul language to declare herself entitled to be heard despite the fact that she’s obviously a functional idiot. Furthermore, if said sassy black woman ends said tirade with the words “full stop,” any disagreement will immediately be deemed racist even if it can be shown that it’s not her skin color that’s at issue but only her functional idiocy.

Justice Jackson also writes in her dissent — and this is a real quote, “A Martian arriving here from another planet would see these circumstances and surely wonder: ‘what good is the Constitution?’” This, of course, is a reference to the famous Martian clause in the founding documents of Planet Zeebeegununu in the Ratchet and Clank Solana Galaxy, which declares that the opinions of fictional extraterrestrials should be given priority, because, honey-child, these space aliens are way smarter than a fool like you, full stop. 

All in all, I think we can agree that the Jackson dissent is a mind-bogglingly deep dissent, if you spell dissent d-e-s-c-e-n-t.

* * *

This excerpt is taken from the opening satirical monologue of “The Andrew Klavan Show.”

Andrew Klavan is the host of “The Andrew Klavan Show” at The Daily Wire. Klavan is the bestselling author of numerous books, including the Cameron Winter Mystery series. The fourth installment, “A Woman Underground.” His most recent nonfiction release is “The Kingdom of Cain: Finding God in the Literature of Darkness.” (May 2025, Zondervan/HarperCollins). Follow him on X: @andrewklavan

The views expressed in this satirical article are those of the author and do not necessarily represent those of The Daily Wire.

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