The Patriot Post® · Dissing Breyer

The left has treated Justice Stephen Breyer terribly. Progressive “dark money” groups have barraged him with messages to resign so that a much younger, far-left justice can take his seat for the next 40 years.

And Breyer was reportedly surprised and disappointed that his plans to retire this summer were leaked to the media. Did the White House leak it to change the narrative from all the bad news about COVID and inflation? Probably.

As of now, the only thing we know is that by the end of February Biden will nominate a black woman. He promised to do so in 2020 during the South Carolina Democrat primary, a promise that many believe secured his nomination.

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.”

In fact, the high court just announced that it will hear a major case on so-called “affirmative action” in university admission policies.

And why a black woman? There have already been two black justices. There have already been five female justices. No word yet as to whether a black man transitioning to a black woman will be eligible. (Yes, that is a joke… I think.)

There has only been one Hispanic justice, and we have not had an Asian justice or a Native American justice ever. So, if race is the most important qualification, Biden risks seriously offending Native Americans, Hispanic Americans and Asian Americans.

No wonder the left wants to expand the Supreme Court. They’ll have to if they are going to give out seats based on race.

But when it comes to a lifetime appointment on the Supreme Court, I suspect most Americans believe that merit, qualifications and judicial philosophy are far more important.

What Will Lindsey Do?

As I noted yesterday, three Republican senators voted for Ketanji Brown Jackson, one of the nominees widely believed to be on Biden’s short list for Breyer’s seat. One of the GOP senators was Susan Collins of Maine. I don’t agree with her vote, but Collins is probably the most conservative senator we will ever get from Maine. So, I understand why she may have felt that she needed to do so.

The other two Republican votes — Senators Lisa Murkowski and Lindsey Graham — really have no excuse at all. Alaska and South Carolina are conservative states.

It’s one thing to give a Biden nominee a pass for a lower court position. Hopefully, Collins and Murkowski will think twice when it comes to the Supreme Court.

Unfortunately, Lindsey Graham still clings to the fiction that when a president sends a nominee to the Senate for its advice and consent, the only relevant issue is their ethics. So, no matter how far-left they are, Graham will vote for them because he believes a president deserves his pick.

That may have been an acceptable position at one time. But for decades now, the left has been using the Supreme Court to amend the Constitution in order to impose its values on the American people and to fundamentally transform the country.

As we saw in the 2015 case legalizing same-sex marriage, one vote on the Supreme Court can obliterate the votes of millions of Americans and hundreds of elected officials. (How’s that for threatening democracy?!)

I will be talking to Sen. Graham as soon as possible. And I hope the people of South Carolina make their voices heard, too.

If every Republican senator rejects a far-left nominee, the Senate vote would be 50-to-50. Some constitutional scholars, like left-wing Harvard Professor Lawrence Tribe, believe the vice president cannot break tie votes on matters of “advice and consent.” It has never been done before on a lifetime appointment to the Supreme Court.

Impeach Biden

Joe Biden’s open border policies have turned our Border Patrol agents into travel agents for illegal aliens. Instead of deporting illegal aliens, the Biden Administration is flying them all over the country in the dark of night. It’s so outrageous, it’s almost hard to believe.

But now we have leaked video that shows a police officer questioning federal contractors about a flight of illegal immigrants that landed in Westchester, New York. The contractors are very clear that the operation is supposed to be kept “hush hush.”

The American people didn’t vote for this! Congress didn’t vote for this!

The federal government is responsible for enforcing our immigration laws — detaining and deporting illegal aliens. Facilitating travel arrangements for illegal aliens, flying them from the Texas border to New York or Pennsylvania or Tennessee, is not immigration enforcement. It’s the exact opposite.

Biden’s lawlessness has allowed more than two million illegal aliens to cross our southern border. Even Secretary of Homeland Security Alejandro Mayorkas admits that the border crisis is getting worse.

The left constantly says that our “democracy is in danger.” I agree. It is in danger from the left’s constant efforts to make our borders and our citizenship irrelevant.

While there is little they can do about it now, I am pleased to see that more Republicans are stepping up and calling for Biden’s impeachment over his deliberate failure to enforce our immigration laws.

The Experts Were Wrong

In October of 2020, many scientists signed a declaration which claimed among other things that “There is no evidence for lasting protective immunity to [COVID-19] following natural infection.”

The declaration went on to demand that “effective measures” to control the virus must be “supported by financial and social programs that encourage community responses and address the inequities that have been amplified by the pandemic.”

In other words, these so-called “experts” rejected the idea of natural immunity, and insisted that the solution was more restrictions on our liberty and bigger government. Among the experts signing this document was Dr. Rochelle Walensky, Joe Biden’s CDC director.

Increasingly, the science suggests that our “experts” got it wrong — again!

Dr. Marty Makary notes that his research team at Johns Hopkins University just completed a study finding that 99% of those previously infected with COVID still have substantial levels of antibodies two years after infection. Other studies have found similar results.

For many months now, the U.S. public healthcare bureaucracy has claimed it had no information on natural immunity, and had no explanation for why it wasn’t conducting this simple, commonsense research.

Well, the answer is simple enough: It would have undermined the main goal of the healthcare bureaucracy — the vaccine juggernaut and the power the pandemic has given them to control our lives.

Natural immunity is not a novel concept. It is the norm. Science tells us that the human body was made to fight off disease.

But because the healthcare bureaucracy did not prioritize this research, thousands of lives and careers have been ruined. First responders, doctors and nurses who refused the vaccine because they have already had COVID and have natural immunity were fired from their jobs, contributing to the hospital staffing crisis.

Members of the military have been discharged because they refused the vaccine even though hundreds of thousands of service personnel have already had COVID and, thus, significant immunity.

The suppression of information about the virus, by Big Government and Big Tech, has exacted an incalculable cost in societal division, lost lives, ruined lives and economic destruction. Public health authorities and big government advocates exploited this virus for their own gain. They must be held accountable.

Never Again

Yesterday marked the 77th anniversary of the liberation of the Nazi concentration camps at Auschwitz, revealing some of the worst horrors of the Holocaust. More than one million people were systematically murdered there.

In 2005, as then-Iranian President Mahmoud Ahmadinejad was threatening a second Holocaust by vowing to “wipe Israel off the map,” the United Nations voted to recognize January 27th as International Holocaust Remembrance Day.

As the world pauses to remember the atrocities of the Holocaust, it must also learn from the mistakes of the past. Unfortunately, it’s not clear that we are.

The Biden Administration, with the full support of congressional Democrats, is rushing to rejoin Obama’s fatally flawed nuclear deal with the tyrants of Tehran. Why? Iran hasn’t done a single thing to warrant sanctions relief or any deal of any kind.