Douglas Andrews / January 28, 2022

Racism Is the Hallmark of Biden’s SCOTUS Pick

The president’s promise to nominate a black woman to the Supreme Court is the worst of political panders.

Now that Joe Biden has promised to ignore any and all potential Supreme Court nominees not equipped with black skin and a vagina, we thought we’d examine both the awfulness and the illegality of that promise.

First things first, though: The Democrats are desperate to paint Republicans as opposed to seeing a black woman on the Supreme Court. Indeed, CNN analyst and former Bill Clinton mouthpiece Joe Lockhart gave the game away yesterday when he said, “Ahead of the midterms, I look forward to watching every Republican senator oppose the first black woman to the Supreme Court.”

We hate to disappoint Joe and his fellow Demo race-baiters, but that’s not going to happen.

Republicans are not and never have been opposed to the presence of a well-qualified black woman on the High Court. Unfortunately, the same can’t be said for “Jungle” Joe Biden, the “You Ain’t Black” Kid, the lickspittle of old Southern segregationists, the guy who in 2003 filibustered George W. Bush’s nomination of Janice Rogers Brown, an associate justice on the California Supreme Court, to serve on the DC Circuit Court of Appeals.

The DC Circuit is universally regarded as the nation’s second-most influential court, and it’s also the primary stepping stone for eventual elevation to the Supreme Court. Two years later, in 2005, Brown was finally confirmed to the DC Circuit, but that was just one month before Bush nominated Brown’s DC Circuit colleague, John Roberts, to the Supreme Court.

So, had Joe Biden not filibustered her original nomination, Judge Janice Rogers Brown might have become the first black woman to serve on the Supreme Court. And here we thought Biden was against the filibuster, that vile relic of the Jim Crow South.

In fairness to Biden, maybe he’s against it for all instances except denying well-qualified black women a spot on the federal bench. Or maybe ol’ Scranton Joe is just against black judges generally, unless he’s trying to buy votes or coax out a crucial presidential primary endorsement. After all, as pundit Benny Johnson points out, “The only black person serving on the Supreme Court today was personally attacked, defamed, and slandered by Joe Biden before he voted AGAINST him.”

On second thought, then, we can scrap the aforementioned fairness. And Biden and his fellow hypocrites can spare us the sanctimony. We wish him well in finding a nominee who is “the first mainstream African-American who is articulate and bright and clean.”

We’ll say this, though: The Democrats have shown exquisite timing in kicking Justice Stephen Breyer to the curb and demanding that a black woman replace him. As columnist Josh Hammer points out:

On Monday, the U.S. Supreme Court finally granted a writ of certiorari in two now-consolidated affirmative action cases. … But by Wednesday afternoon, Monday’s propitious step forward toward an America no longer obsessed with race and identity politics was abruptly undermined by a severe step backward toward a race-centric polity. … President Joe Biden affirmed that he intends to fulfill his 2020 campaign promise to nominate a Black woman — not a Black man, not a Hispanic woman, but specifically a Black woman — to replace the retiring Jewish male justice.

Not even a superbly qualified Indian American jurist like Sri Srinivasan need apply, as libertarian Georgetown University law professor Ilya Shapiro somewhat inartfully pointed out before begging forgiveness.

As for conducting such a racially exclusionary federal job search, columnist Gary Bauer notes: “Ironically, it is against federal law to begin a job search by announcing that only people of a certain race will be considered and that all people of other races will be rejected. The Supreme Court itself has been clear on that matter. As Justice Lewis Powell wrote in the 1978 Bakke case, ‘Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids.’”

Of course, this racist lawlessness is an inconvenient truth that Biden and his fellow Democrats will no doubt ignore.

*UPDATE: *Some on the Left have pointed to Ronald Reagan’s 1981 nomination of Sandra Day O'Connor to the Supreme Court as the precedent for Biden’s promise to nominate a black woman. But they aren’t the same. Biden said: I’ve made no decision except one … [This] person will be the first black woman ever nominated to the United States Supreme Court.“ Whereas Reagan said: "I am announcing today that one of the first Supreme Court vacancies in my administration will be filled by the most qualified woman I can possibly find.

So Reagan said "one of my vacancies,” not “this vacancy,” and, as Jonathan Turley points out, Reagan didn’t exclude all non-female candidates: “One of the leading contenders was considered Judge Lawrence Pierce, an African American trial court judge. Newsweek and other media sites listed an array of males being actively considered including Robert Bork, Dallin H. Oaks, Malcolm R. Wilkey, Philip B. Kurland, and Edwin Meese III.”

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