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
