Why GOP 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 gender which are an accident of nature and not because of her record which is a product of her work.

The 14th amendment of the US constitution states the following:

“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.”

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 women, it is also unconstitutional.

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 towards the constitution, it is the job of lawmakers to step up and defend the constitution which are the founding principles of a nation.

That responsibility is in the hands of Republican Senators.

Currently, the Supreme Court comprises of 6 conservative justices and 3 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 trespass the realms of their purported ideology. They recently voted in favor of vaccine mandates for health workers.

A Supreme Court Justice usually remains in their position for around two decades. The impact of their ruling and votes can be permanent. This makes the appointment of a Supreme Court Justice vitally important.

Going by the occurrences in the White House 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 Democratic House Majority Whip Jim Clyburn signaled 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 based on baseless allegations of sexual harassment. Despite the fact that the allegations were unproven, liberal commentators still state them as if they were facts.

The Republicans now have their opportunity for payback.

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

But 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 gender quota 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 gender, 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 compelled to condemn Biden’s act of discrimination.

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

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

But he didn’t, because his handlers see this as a win-win situation. A confirmation will revive his presidency and perhaps improve the chances of some Democrats during the mid-terms. If the nominee is rejected, the GOP will be called racist, which the Democrats think will again improve their chances in the mid-terms.

Hence blocking this nomination would be the right choice for the GOP. This is an opportunity to further weaken Biden for 2024 and annihilate the Democrats who are already struggling in the mid-terms. 

How have the Republicans reacted thus far?

Republican Senators Lindsey Graham (obviously)and Tim Scott for South Carolina have praised potential nominee federal 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 6th, 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.

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

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

The GOP has to remember that this is a war.

The current Democrat party doesn’t disagree with the GOP on policy or style of governance they despise the GOP and want it eliminated. The Democrats have used both the Mueller investigation and the January 6th investigation committee to destroy the lives of Republicans.

They already have branded parents, who are most likely Republicans. who oppose the teaching of critical race theory in school as Domestic terrorists.

If the Democrats are allowed more victories they will soon declare the GOP as a terrorist organization. They have already called the GOP a front for terrorists.

An ineffective ally is much worse than an adversary.  The adversary was always against you. The real betrayal occurs when the ally sides with the adversary.

Hopefully, the GOP will display some bravery and a will to win!


This article also appears on American Thinker

 

 

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