Back in 2003, President George W. Bush nominated Judge Janice Rogers Brown to serve on the U.S. Court of Appeals for the District of Columbia Circuit.
Brown was not only highly qualified but also had the right
kind of experience. She studied at UCLA law school. She had served as an
associate justice of the California Supreme Court for seven years.
She also happened to be a woman of color who came from a
family of sharecroppers. She grew up in rural Alabama during the segregation
era. She completed her college and law school education while supporting
herself as a working single mother.
Making her a Brown D.C. Circuit Judge would also have been a
great message that education and hard work is the only way to elevate yourself.
The message probably would have particularly resonated most with African
Americans.
How did the Democrats who are the dogmatic advocates of
diversity, inclusion, and BLM react?
They filibustered Brown’s nomination, along with other Bush
circuit-court nominees.
Two years later, Bush renominated Brown.
This time Brown was confirmed by a vote of 56 to 43 in
exchange for Republican agreement to retain the filibuster for judicial
nominations.
Voting against Brown on both occasions was a certain
Senator Joseph Robinette Biden Jr.
In November 2013, the then-Democratic Senate majority
eliminated the filibuster for executive branch nominees and judicial nominees
except for Supreme Court nominees, invoking the so-called nuclear option.
In 2006, when Justice Sandra Day O’Connor announced her
retirement from the Supreme Court, according
to the Washington Post, Brown was on President Bush’s shortlist to replace
her.
Once again, it would have been a historic and uplifting
message across the nation. She would have been the first Black woman ever
nominated to serve as an associate justice of the Supreme Court.
But Brown had a nemesis in Senator Joe Biden.
Who swiftly swung into action. During an interview on CBS’s
“Face the Nation” Biden said if
Bush nominated Brown “I can assure you that would be a very, very, very
difficult fight and she probably would be filibustered.” Biden added that
the Supreme Court is a “totally different ballgame” because “a circuit court
judge is bound by stare decisis. They don’t get to make new law.”
By stare decisis, Biden meant that a circuit court judge has
to adjudicate cases, uphold precedents or maintain former adjudications on
issues, but a Supreme Court Judge eventually makes new law.
https://www.youtube.com/watch?v=TFY3SexJHIM
Strictly speaking, Judges do not make laws, that is the
function of Congress and Senate. However written opinions and judgments by
Supreme Court Justices often serve as a source of law for future cases.
Bush eventually nominated Samuel A. Alito Jr.
How would the current crop of race hustling Democrats on MSNBC
interpret Biden’s actions and word?
They would have branded him a racist with a claim that
he thought an educated and experienced individual was unfit for both the
Circuit and Supreme Court merely because of the color of her skin and her
gender. They would have denounced him with all the pejorative epithets known to
mankind.
If you ask the Democrats today why Biden opposed her they will
claim it was because of her ideology. Brown opposed affirmative action and also
supported limited abortion laws.
In other words, Democrats support only those black people who
think exactly like they do and support all their issues. A person of color who
had developed ideas of her own based on her life experiences has no place in
the party.
The diversity in the modern Democrat playbook is the
superficial sort i.e. of skin pigment, gender, sexual orientation. But real
diversity which is a diversity of ideas is not welcomed, probably because the
Democrats know that their core ideas are deeply deficient.
A truly open-minded individual respect everyone irrespective
of demographic group and ideas. Only narrow-minded bigots restrict their
approval for those who fully agree with them.
If a woman of color if she thinks that affirmative action is not
the best way to uplift her community she deserves to be listened to because she
has first-hand experience. No such luck for Brown with the Democrats.
These days Biden sings a very different tune.
He claims that the filibuster is a “relic
of the Jim Crow era” and hence it should be done away with.
Last month, Joe Biden pledged
to nominate “the first Black woman to the Supreme Court”. A fortnight ago Joe
Biden nominated Judge Ketanji Brown Jackson of the federal
appeals court to replace Justice Breyer.
But the irony is not lost that it was Biden who once used
filibuster that he now calls anachronistic and bigoted to block the first Black
woman to the Supreme Court that he now claims is long
overdue.
Democrats such as Sen. Elizabeth
Warren, Senate Judiciary Chairman Dick Durbin, Pennsylvania state
Rep. Malcolm
Kenyatta, Rep. Hank Johnson, D-Ga and Rep.
Hakeem Jeffries, D-N.Y., chairman of the Democratic Caucus, have already
begun playing the race card hoping to scare and compel the GOP to vote for
Jackson.
Judge Jackson’s confirmation, presents the GOP with a
sterling opportunity to highlight racism within the Democrat party. The GOP can
corner Jackson into calling the Democrats a racist for what they did to Judge
Janice Rogers Brown.
They can remind everybody that from the day it was
founded in 1829, the Democrat
party has fought against every major civil rights initiative and has a
long history of discrimination. They can highlight the fact that
the Democrats defended slavery that caused the Civil War; they founded the
Ku Klux Klan, imposed segregation, perpetrated lynching, and fought against the
civil rights acts of the 1960s.
The GOP may not have the numbers to stop Judge Jackson’s
appointment, but they certainly have a real occasion to give it back to the
Democrats who claim to be the protectors of African Americans and the
adjudicators of what is and is not racist.
If they do so, they will also not only be standing up for themselves
but also for their voters who have gratuitously and baselessly been branded
racist merely.
Let’s hope the fighting spirit prevails.
This appears on American Thinker
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