Why GOP senators must reject Biden's 'diversity hire' Supreme Court justice nominee

Last week, Joe Biden declared that he intends to nominate "the first Black woman ever nominated to the United States Supreme Court."

Joe Biden had reportedly promised House majority whip Jim Clyburn during the 2020 campaign that he would nominate a Black woman to the Supreme Court.

So what does one make of this declaration?

It is a grave affront to any candidate for any position to be openly declared as a "diversity" hire because it means that the primary criteria for her selection are genetics and not merit.

Besides being anachronistic, Biden's public declaration is an insult to the nominee.  History will always recognize her as one who secured the position because of her race and sex, which are an accident of nature, and not because of her record, which is a product of her work.

As Professor Dershowitz and others argue, Biden's racial and sex test for office is unconstitutional.  The 14th amendment of the U.S. Constitution states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The 19th Amendment to the Constitution states:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

In 1978, in the Regents of University of California v. Bakke case, the Supreme Court ruled that the use of racial "quotas" for its selection process is unconstitutional. 

Hence, the Constitution is being violated to fill a position whose function it is to defend the Constitution.  Biden's commitment is an act of discriminating against all those who are not Black.

Why would any self-respecting individual accept a position that is an insult to her achievements, an act of discrimination against others, and unconstitutional?

A recent ABC News/Ipsos poll showed that 76 percent of Americans wanted "all possible nominees" to be considered, while just 23 percent want only Black women for the nomination.

When a sitting president fails in his duties toward the Constitution, it is the job of lawmakers to step up and defend the Constitution, which affirms the founding principles of the nation.

That responsibility is in the hands of Republican senators.

Currently, the Supreme Court comprises six conservative justices and three liberal judges.  But justices do not always rule based on their ideology or the tenets of the Constitution.

Conservative justices Roberts and Kavanaugh are known to vote with the liberal bloc.  They recently voted in favor of vaccine mandates for health workers.  Supreme Court justices have lifetime appointments and in practice usually remain in their position for at least two decades.  The impact of their rulings and votes can be permanent.  This makes the appointment of a Supreme Court justice vitally important.

Judging by the other his other appointments, Biden's candidate is likely to be a Marxist masquerading as a moderate.

The White House has acknowledged that South Carolina federal Judge J. Michelle Childs is under consideration after Jim Clyburn signaled that at least two Republican senators see her as Biden's best bet.

When conservatives Clarence Thomas and Brett Kavanaugh were up for nomination, the Democrats led a prolonged rancorous trial by media on baseless allegations of sexual harassment.  Despite the fact that the allegations were unproven, liberal commentators still state them as if they were facts.

This could be payback against Biden, who is the founder of toxicity and rancor during the judicial confirmation process.  It was Biden who smeared Robert Bork, Supreme Court nominee from 1987, as a racist, and Biden also led the attack against Clarence Thomas.

But the GOP can do this without stooping to the level of the Democrats.

Biden's nomination can be rejected on principle because the Supreme Court justice nomination based on racial and sex quotas is in violation of a Supreme Court ruling and the Constitution.  Thus, the nomination makes a mockery of the entire system.

By making an explicit mention of his selection criteria based on race and sex, Biden has admitted to an act of discrimination.  This is another valid reason for the Republicans to reject the nominee.

In addition to that, they can also summon various individuals who have suffered as a result of the unjust rulings of the nominee.  Perhaps she was lenient with criminals who eventually committed bigger crimes.  A case can then be made that the individual is a staunch ideologue, which makes her unfit for the position.

The nominee could be questioned about her acceptance of the nomination as a diversity hire and asked to condemn Biden's act of discrimination.

At this juncture, Biden, owing to his myriad catastrophes, is struggling in the polls.  Even his propagandists are unable to cover him favorably. 

Biden could have nominated a Black woman without an explicit declaration of such criteria. 

The criteria were stated because Biden's handlers see this as a win-win situation.  A confirmation could revive his presidency and may improve the chances for Democrats during the midterms.  If the nominee is rejected, the GOP will be called racist, which the Democrats think will help them in the midterms.

Opposing this nomination would be an opportunity for the GOP to embrace popular revulsion for an explicit race- and sex-based test and further weaken Biden for 2024 and annihilate the Democrats in the midterms. 

How have the Republicans reacted thus far?

Republican senators Lindsey Graham (obviously) and Tim Scott from South Carolina have praised potential nominee Judge Childs.

Republican Sens. Burr of North Carolina, Cassidy of Louisiana, Collins of Maine, Murkowski of Alaska, Romney of Utah, Sasse of Nebraska, and Toomey of Pennsylvania broke party lines to convict President Trump for the occurrences of January 6, 2021.  Perhaps they too will support Biden's nominee?

A majority of the rest are probably mortified of being called a racist or sexist in the media.

The GOP should not forget that they have on their side both principles, in the form of a Supreme Court ruling and the 14th and 19th Amendments to the Constitution, and popular opinion based on a rejection of Democrat policies and a poll that opposes discrimination.

The GOP should remember that the race card has been played for so long that it has no impact.  The GOP should learn to fight back and call out Democrat racism.

Photo credit: Sunira Moses, CC BY-SA 3.0 license.


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