Tuesday, February 08, 2022

Biden wants an affirmative action Supreme Court

By William Haupt III | The Center Square contributor

President Joe Biden - Charlie Riedel | AP

"Bullying wasn't OK in elementary school and it isn't OK now, especially when it comes in the form of a U.S. Supreme Court decision." – Former Congressmen John Taylor Doolittle (R-CA)

Adam Smith, the 18th century father of modern free market capitalism, once said: “It is not from the benevolence of the butcher, the brewer, or the baker we expect our dinner, but from their regard to their own interest.” Parties in free market exchanges use the best tools and people for a successful outcome. None can obtain their highest objectives if decisions are limited, restrained, or controlled.

Every owner of a free market enterprise will tell you, they will always hire the best person available for every management position. Common sense and basic logic tells us corporations cannot exist if they don't produce quality products. It'd be irrational for them not to do what is in their best interest to make them successful. Only the best efforts by the best people always produce the best results.

Title VII of the Civil Rights Act outlaws bias toward race, creed, color, age and national origin in employment and government. And every affirmative action program since Lyndon B. Johnson, Richard Nixon and now Joe Biden has been ruled unconstitutional by the Supreme Court.

"The Courts have made it clear. Everyone is protected from racial discrimination." – Roger Clegg, Center for Equal Opportunity

America is a nation founded on principles of self governing and market capitalism. Our founders purposely did not create a political class. America is a republic with equal opportunity for all men and women without obstacles or restrictions for anyone. This especially applies to the Supreme Court.

"The liberties of none are safe unless the liberties of all are protected." – William O. Douglas

Stephen Breyer has served on the Supreme Court for 27 years. At 83, he just revealed he is retiring from the bench. A stalwart leftist, Breyer's rulings illustrate the narrow limits a liberal justice uses to interpret law. He has moved center left on low impact political issues, and ruled against only a few of Obamacare's most contentious mandates. His record indicates his justice is anything but blind.

Breyer, appointed by Bill Clinton, much like Kamala Harris, was sold as a moderate who would rule by the Constitution. And he would not be a liberal jurist who would vote to appease the left. Yet he is a reliable vote for abortion, same-sex marriage and every other progressive cause. He has been more progressive and less moderate than most of the court, except possibly Ruth Bader Ginsburg.

Although media claims Breyer is retiring due to age, the devil is in the details. Progressives and identity groups have been petitioning the White House for months to convince Breyer to retire so Biden can nominate a progressive black woman for the court. As they see Biden's numbers tank, they fear they will lose both houses next year, and not have the votes to approve a far left justice.

Democrats’ fear the Ginsburg scenario; she refused to retire when she was on her last leg. When she passed away, Donald Trump appointed constitutionally savvy Justice Amy Barrett to succeed her.

"Supreme Court Justices are appointed for life to keep them away from politics." – Ben Sasse

Last year, Breyer declined to discuss retiring in a Harvard Law speech where he opposed packing the court, which is a supreme goal of progressives, Biden and Harris. A day later, progressive group Demand Justice launched a national “Breyer Retire" campaign citing his age was a liberal liability.

In a recent statement, Demand Justice Director Brian Fallon said, “We are now firmly in the window when past justices have announced their retirement. So it’s officially worrisome that Justice Breyer has not yet said that he will step down. At this time retirement is Breyer’s most responsible option."

Progressives and identity groups have demanded Biden "diversify the courts" since he promised to put a black woman on SOCUTS. And Biden’s federal court nominees have already been "diverse." He appointed nine women and the first Muslim as federal court judges. But they want much more.

Although the High Court continues to strike down attempts by Biden to bring back affirmative action, he has successfully achieved that by vastly limiting his selection for a running mate to only Black women. And Biden has violated the Civil Rights Act by claiming only Black women will be picked for federal court judges. His identify politics has violated the rights of every non-black Jurist.

The day Justice Breyer announced he'd retire, Biden proclaimed he'd keep his promise and put a Black woman on the Supreme Court.

"I've not decided yet, but the person I will nominate will have extraordinary qualifications, experience and integrity and it will be a Black woman." – Joe Biden

Biden has foolishly limited his options, campaigning that his first nominee for the Supreme Court would be a Black woman. It should shock every liberal and conservative jurist in America that they are not qualified to serve on the Court due to their race or their gender. Joe Biden obviously never read what is written above the entrance to the Supreme Court; "EQUAL JUSTICE UNDER LAW."

With the Supreme Court waiting to hear cases challenging affirmative-action policies at Harvard, and worrisome midterms for Democrats, it is going to be difficult for any Biden nominee to dodge bullets in a divided Senate. It will be hard for anyone considered too progressive to be approved.

Justice Antonin Scalia told us, "We have an obligation to follow both our conscience and the law."

Biden’s own commission refused to ordain packing the court, but progressives continue to try to pack the lower courts with progressives to influence decisions on abortion, racial issues, federal voting and affirmative action. They're trying to make the federal courts the "left arm" of their party.

If Democrats remain united and vote lock-step in approval to confirm a progressive justice, it will be their Waterloo in midterm Senate races. The last three cycles of Senate elections have shown that American support for Constitutional government has been a winning issue for all Republicans.

Biden campaigned as a moderate, and the media rewrote Harris' resume to hoodwink voters that she too was a moderate. But both of them have shown neither have a moderate bone in their bodies. Nothing in Biden’s resume suggests anything different while choosing his first court appointee.

Conservatives get nervous with each GOP nominee, but liberals never fear nominating an "in your face" progressive. They dare Republicans to question their objectivity, query their social views and get furious if challenged about law. The hearings could get worse than a bad soap opera marathon.

"The Supreme Court has ruled that they cannot have a nativity scene in Washington, D.C. This wasn't for any religious reasons. They just couldn't find three wise men and a virgin." – Jay Leno