BY BILL JUNEAU
President Joe Biden has promised that his pick for a new Associate Justice of the U.S. Supreme Court will be a woman of color. Never mind if the nominee is brilliant and was first in her law school class; or if she is dumb as a box of rocks. So long as her skin color is black and her gender is female, she will don those sainted robes and weigh in on problems and issues facing all Americans.
The President made a promise during his campaign debate in 2020 that when elected he would put a black woman on the Supreme Court. It also was a "thank you" to Representative James Clyburn, a veteran Black Democrat from South Carolina who delivered black support for Biden in his state, as his half of the deal.
It goes without saying that the new justice will be on the far left wing of the field, and most likely will possess only a half-hearted belief that the United States is a good and exceptional country. Police misconduct, bail provisions, cancel culture, woke nonsense, critical race theory, abortions, open borders and government mandates will be priorities for the nominee, and will be wholly consistent with socialist and marxist goals of the Democratic party.
So Biden's advisors will now begin rounding up only black women as candidates. White women and men with strong academic credentials and judicial experience, as decreed by President Biden, need not apply.
The vacancy on the nine-member court will be created with the exit of Stephen Breyer, 83, an associate justice since 1994, appointed by President Clinton. Judge Breyer has confirmed reports that he will step down after the court completes its work for the current session, probably in June or July.
As to Biden's promise that his nominee will be a black woman because there needs to be a black woman justice on the nation's highest court, the Wall Street Journal reacted and termed his thinking as "unfortunate," because it “elevates skin color over qualifications.” George Washington University Law Professor Jonathan Turley said the implication is created that the next justice was “qualified by virtue of filling a quota."
Other think tanks have said that Biden is disqualifying dozens of liberal and progressive jurists for no reason other than their race and gender. One person reportedly tweeted that Biden's nominee will always have an asterisk attached to her name.
Democratic power brokers and progressives who appear to be telling the cognitive-impaired 79-year-old Biden what to do and when to do it, want the liberal Breyer out, the sooner the better, so that he can be replaced by another malleable, liberal judge. Biden has said that his "black woman nominee" will have extraordinary qualifications and unassailable credentials and experience. She will be taking her chair on the nation's highest court alongside the two other liberal woman justices---Elena Kagan and Sonia Sotomayor. "I will select a nominee worthy of Justice Breyer's legacy of excellence and decency," said Biden.
Though an octogenarian, Breyer is in good health, and apparently had not yet decided to retire, but then he felt the wind at his back and made the decision to go. It is most important to liberal democrats that the current Senate, with its controlling majority, be the one to vote on the Biden nominee before next November's midterm elections. Pursuant to the Constitution, the Senate, the upper chamber of Congress, must consent to the appointment of justices to the Supreme Court.
Politicians on both sides of the aisle, and political analysts and media pundits foresee a Republican surge in the coming November elections which may well alter the political make up in both Houses of Congress. With a Republican majority in the Senate, approval of a Biden nominee based solely on skin color and gender is no longer assured.
Efforts by Democrats to coax Breyer into stepping down got underway last spring as Biden fumbled and stumbled in his job--and the burgeoning threat from Republicans became apparent. Judge Breyer was gently, but firmly, pushed toward the exit door as Democrats deemed his stepping down to be urgent. They worked frantically, with assistance from the always liberal and cooperative media, to light a fire under the good-natured Breyer to accept that it is time for him to haul it in, and allow Biden's distaff justice of color to take her coveted lifetime seat.
Last Spring, Justice Breyer gave a speech in which he told Harvard law students that he viewed the judiciary as divorced from politics. Once judges raise their hands and take an oath, he said, they "become loyal to the rule of law, not to the political party that helped them secure their appointment."
Hearing his comments, Democratic operatives dug in. Op-eds appeared in newspapers and there was clamor from all corners of the party of the mule that it was imperative that he retire and allow a Democrat of the same stripe and loyalty to take his place. Reportedly, a truck even circled the Supreme Court building with a billboard that read: "Breyer, retire." In any case, it worked and a few weeks ago, Breyer made it official.
Under former President Trump, three conservative justices were appointed and despite best efforts by Democrats to destroy the candidates with an assortment of lying personal attacks, the Senate confirmed them. Democrats, led by "Cry'n Chuck" Schumer, majority leader in the Senate, were particularly motivated by the memory of Justice Ruth Bader Ginsburg, the liberal icon who died in office in 2020 and was replaced by President Donald Trump’s nominee Amy Coney Barrett, a strong conservative, just days before President Trump was defeated in his reelection bid.
Following a remarkable campaign to show him the door, Breyer got the message and said he would step down from the court after all opinions are completed for 2021 term. Justice Breyer's brother, U.S. District Judge Charles Breyer, said in an interview that Stephen "was aware of this campaign pushing him to step down....and it was never his desire to die on the bench."
" I think what impressed him was not the campaign, but the logic of the campaign," said his brother Charles. "He thought he should take into account the fact that this was an opportunity for a Democratic president — and he was appointed by a Democratic president — to fill his position with someone who is like-minded.”
The Constitution does not set forth the requirements for a judge on the Supreme Court. It is expected that the nominee will have a law degree, but being a lawyer is not a requisite. Some lawyers are wondering if meeting a quota and making the selection based upon skin color and gender is really appropriate. But then, most anything is possible with Slow Joe Biden and his advisors behind the curtain.
President Biden said he expects to announce the name of his nominee by the end of this February.
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