[More than three-quarters (76%) of Americans want President Joe Biden to consider all potential nominees to replace outgoing Supreme Court Justice Stephen Breyer, according to a recent ABC News-Ipsos poll. (more here)]
George Rebane
Bumblebrain joins the short list of known presidents who have chosen their SCOTUS nominees based on race and gender, and, of course, their proper ideological orientation. We all know that, along with the other government branches, SCOTUS is a political organization. It attempts to distinguish itself by claiming otherwise. Reagan limited one of his choices to (white?) women only, and Bush1 limited his choice to black men only.
Black Americans make up about 13.4% of our population of 332M, and of those 50.8% or 22.6M are women. Given a chance, candidate Bumblebrain promised to put a black woman on the bench, to bring the court’s black contingent up to three or 33% of its justices. (Actually, the racist Dems don’t recognize Justice Thomas as a black because he votes mostly conservative, and therefore the lamestream lackies ignore him and his work.)
So after bragging to his base that now he’ll seat a black woman, he got massive pushback some of which even included his own propaganda organs who correctly feared that such naked criteria, left to themselves, would really be politically damaging. That got the WH team with room temp IQs busy trying to get that horse back into the barn. Bumblebrain himself got in front of mic to assure everyone that he really was interested in the candidate’s lawyering credentials, but then slipped and admitted that the interest was limited to qualified black females.
I’m not sure how the Dems are going to handle Bumblebrain going forward. The man definitely did not help himself by voting against Clarence Thomas, and today his woke supporters are not even sure what defines a person as a ‘woman’. So here is the way I see it shaping up.
Bottom line, the Bumblebrain is a hypocritical, politics-first, racist when the Left argues that he just continued in the established tradition of Presidents Reagan and H.W. Bush . A little thought reveals this. Reagan appointed Sandra Day O’Connor as part of the nation’s awakening to the long-suppressed role of women. His appointment of the first female justice was lauded by all, and rightfully so. Bush1 appointed Clarence Thomas in order to maintain the multiracial composition of the court with the retirement of its first black justice Thurgood Marshall.
Bumblebrain will appoint a black woman because he wants to retain as much of the black and progressive vote as possible during the next two national elections – it’s a matter of retaining Democrat power in our national and state governments. Before his nominating a black woman, SCOTUS already has two blacks, 22.2% of the court and more than the black share (13.4%) of our population. Biden wants to pump the court’s black share up to 33%. And the court already has three women justices, so he’s not breaking any new ground by increasing that to four or 45% of its sitting members. The argument would be different if he simply wanted to bring female membership up to par.
His apparent real criteria in order of importance are 1) woman, 2) black, 3) demonstrated leftwing ideology, 4) has some demonstrated knowledge of law. The population of such politically qualifying and credible candidates is relatively small. If being a member of some accredited bar is a requirement, then there are only 107,000 (8% of all lawyers) black women, out of over 497,000 practicing female lawyers, who make it past that hurdle. Women make up 37.4% of the total number of 1,330,000 lawyers in the US. Given that identical proportions hold for lawyers of all races and genders, and since legal qualifications are not a high requirement for the new justice, Biden is then peremptorily excluding 92% of equally and/or better qualified lawyers from being considered for the job. Our society’s high price for bespoke progressive ‘equity’.
Correction - As pointed out in a comment below by reader Steven Frisch, Justice Sotomayor is not black. Mea culpa.
"Reagan limited one of his choices to (white?) women only, and Bush1 limited his choice to black men only."
No and no.
Reagan was careful to step over that land mine, he never promised his first nominee would be a woman or white.
Bush didn't promise a skin color, but did promise the best candidate... that had a snowballs chance in hell to get confirmed to the chair bequeathed by Democrats to folks with African dna. Almost missed.
Posted by: Gregory | 31 January 2022 at 03:36 PM
Gregory 336pm - Actually it's yes and yes. I said nothing about "promised", but I and many other commentators believe that both presidents, for political (and other) reasons, did indeed limit their choices to the cohorts mentioned without having to publicize it. The bottom line that supports this is their actual nominations and support through the confirmation processes.
Posted by: George Rebane | 31 January 2022 at 04:51 PM
I am sorry but it appears to me that Justice Thomas is currently the only black member of the SCOTUS. Nominating and confirming a second black member of the court would be....two.
Posted by: Steven Frisch | 31 January 2022 at 05:14 PM
I have a big problem with Joe Biden excluding Hispanic women, Asian women, Indian women, and all women except black women for SCOTUS. I also have a problem with looking at the next makeup of SCOTUS and thinking they were nominated solely because they have a vagina.
Biden Promises To Replace Retiring Quarterback Tom Brady With A Woman Of Color
https://babylonbee.com/news/biden-promises-to-replace-retiring-quarterback-tom-brady-with-a-woman-of-color
Biden has already created doubts in people’s minds on whether his nominee is not only qualified or the best qualified.
Posted by: Bill Tozer | 31 January 2022 at 05:55 PM
StevenF 514pm - Justice Sotomayor is attributed as being (don't know what fraction) being both Hispanic and black, and she has acceded to that. But it is what it is, and if black is struck from her ethnicity, then I will so note. Do you know if anyone has really adjudicated that question? Thanks for the pick up.
Posted by: George Rebane | 31 January 2022 at 05:56 PM
Steven Frisch @5:14 pm
I don’t care who Biden nominates to be the next Associate Justice as long as they look at the US Constitution and rule according to what the Constitution says. SCOTUS handles constitution issues when one court says one thing and another judge/court rules the opposite.
What I find troubling is that Biden eliminated a whole pool of candidates to keep his promise to Jim Clyburn. Once Clyburn got behind Biden before the Dem’s Super Tuesday, the deal was done. Must be Black, must be female.
FYI, the Left has never considered Clarence Thomas as “black” or Amy Coney Barrett as a “woman”. They use air quotes when referring to Justice Thomas as “black”. Wonder if Justice Barrett has a vagina? Seems to be important to some. Never thought of it like that before.
Posted by: Bill Tozer | 31 January 2022 at 07:29 PM
What I find the most crippling to Joe’s nominee, whoever she is, is that Biden just handicapped his pick. Now, everyone will look at her as an affirmative action appointee, not what is going on between her ears. He is doing the future Supreme Court Justice no favors.
He should not said what he said. He should have opened up the pool to Asians and Hispanics, and gay persons and all women of color right out of the gate… and whispered to his pic privately that she is the one….. but they have to play this game first, but don’t worry. Started with too small of a pool. Mistake. And all this urgency when there is nothing urgent about it. Breyer is going to serve out the current term till June. Or is he?
Just like picking Harris. The only group in America where Kamala is not getting a big thumbs down is the black suburban educated women. That can’t be over 4% of the voting pool. We all look at her and say we know why she was picked and it is definitely not because of her talent or skills. Affirmative Action pick. It’s sad that Biden would do it again. Not fair to the black woman to get saddled with pigment and vagina..not who she is or the legal mind Toolbox she brings to the table. Biden dumped a load on her. What’s between her ears is all that matters.
I will just wait a month or 5 weeks for the announcement.
Posted by: Bill Tozer | 31 January 2022 at 08:06 PM
Yes, Steven, Thomas is the only black Justice... and as blacks are about 1/9th of the US population that seems fitting even if being colorblind were to be fashionable a'gin.
Now, where are the agnostics and atheists in the high court? Fewer Catholics and Jews, perhaps? What about Appalachian white trash on the court?
Posted by: Gregory | 31 January 2022 at 08:42 PM
Whoever is picked, that person will be to the Left of Breyer and vote straight leftist living constitution down the line. Affirmative Action, abortion, equal outcomes and maybe another look at the Colorado baker. How the progressives view their New Brave World is how she will vote. Individual rights, larger Federal powers, speech, guns, education, common good…..whatever the issue is, we all know how she will vote. She will vote exactly as Justin Trudeau would….or the campus kangaroo court would.
Funny comment just heard; Imagine Biden picking an Asian woman and her sitting on the bench listening to the Harvard Asian Student discrimination case….which will be before the court next term, lol. -quote from former Justice Thomas clerk. Justice Thomas believes that there is no place for any discrimination in government. Zero. Thus, the Great Divide.
You know, if the progressive and Democratic Socalists don’t get their way, they will go on a two to three day rant eruption about destroying the Court. Every single time. Threatening them, calling them out. Yep, these are the same folks who are so good at sniffing out the threats to our democracy. Can’t even say the word ‘threat’ anymore without adding “to our democracy.” I feel the love.
Posted by: Bill Tozer | 31 January 2022 at 09:26 PM
Considering how intimidated all you fragile little lollipops seem to be by black women this was worth it just to watch you squirm in your butternut coats.
Posted by: Steven Frisch | 01 February 2022 at 02:52 AM
Ya right,,considering how intimidated all of you fragile little lollipops seem to be by Kamala Harris this was worth destroying whatever she touched to the detriment of everyone just to watch you squirm in your butternut coats. This is a fantastic way to run the country…first non binary pregnant person with an innie and a darker shade of skin color..check.
Posted by: Mikel | 01 February 2022 at 05:16 AM
SteveF: "Considering how intimidated all you fragile little lollipops seem to be by black women"
Heck, I thought everyone was.
[email protected]:42 got me to look up the court makeup over time. It's surprising how WASP males have been run out of the place, I hadn't realized it. Even the ancient Egyptians could only get 100-200 years out of a dynasty, so perhaps there's some underlying rhythm to the thing. We had a good run and may again some day.
I can understand the basic disagreement. Is the court (a)a body which examines current law and issues in the context of what the country's founders thought, basically a kind of traditionalist tiller or (b)another source of activist policy and spoils system, basically another arm of Congress? You decide. It always has elements of both, but what should the intention be?
People can put up with a *lot* of government, they nearly always have since agriculture got invented. Simply crank up the enforcement mechanisms as needed, the upcoming Surveillance State will make that a much easier proposition. The physics of money and power will always give a few a lot, whether it's the Soviet Union or our own 'free market', religious movements (secular or not) will sweep across the land, diversity will result in discord. There's nothing really new going on.
My own guess is that freedom requires wilderness to expand into and high functioning culture. Lose either one and in come the grifters and the metastasizing of rules. The US has lost both.
Posted by: scenes | 01 February 2022 at 06:37 AM
"Whoever is picked, that person will be to the Left of Breyer and vote straight leftist living constitution down the line."
Well, they'd best hurry given the likely reshuffling of Congress.
Given that huge popular mandate of 50:50 + VP in the Senate, maybe it's not a problem.
Is Manchin going to vote for a Crazytown judge? There's no telling, he's certainly in the catbird seat on this kind of matter.
Personally I'd go for Lori Lightfoot, 'Justice Groot' has a certain ring to it. Alternately, a transgender black 'woman' choice would be a three-fer, but all the lawyers I could track down were heavily involved in grifterish non-profits. Even the Big Guy might blush at their resumes. Perhaps Grand Admiral Levine could buy a case of bronzer and take the Rachel Dolezal route.
Posted by: scenes | 01 February 2022 at 06:49 AM
Hmmm?
Truckees doughy Aryan Uberman........his superpower is invulnerability to hypocrisy.......
https://www.sierrabusiness.org/sbc-staff/
Posted by: uberniglio | 01 February 2022 at 07:00 AM
"SteveF: "Considering how intimidated all you fragile little lollipops seem to be by black women"
Heck, I thought everyone was."
-scenes 631am
No, but it appears Frisch and Brandon are.
Posted by: Gregory | 01 February 2022 at 07:38 AM
re: Niglio X @7:00AM
Not to worry, they're hiring.
https://www.sierrabusiness.org/get-involved/
If you know any young white women, give them a heads up on the opportunities.
I still haven't figured out what in the heck these people do, but if it keeps people off the street it's probably not a bad thing.
If I got angry over every bit of useless overhead in society, I'd spend all of my time in that state. Best to view it as a full employment program.
Posted by: scenes | 01 February 2022 at 07:39 AM
Well Steven, at least we both know that the next nomination for SCOTUS won’t be Merrick Garland. That is a good thing.
Seven people killed on Jan 6th? Really Steven, you need to keep to keep up with the facts.
What the Lefties are hoping for, counting on, and waiting in eager anticipation for is to hear the Right squirm and moan about a Black birthing person pick. The media is so certain it will happen at any second. Any second now.
It hasn’t happened so they go looking for it. Welcome back, Steven.
Posted by: Bill Tozer | 01 February 2022 at 07:55 AM
OK. I've made my choice.
Stacey Abrams.
Posted by: scenes | 01 February 2022 at 08:01 AM
Even if they find warm bodies to fill the two open slots, SBC will have shrunk... but the worker bee slot pays 20 to 25 an hour for a BA with experience and in Truckee, McD's pays $25.
Steve might have to settle for a graduate of Columbia Southern U, the 48th best (of 48) college in Alabama.
Posted by: Gregory | 01 February 2022 at 08:02 AM
Frisch - "Considering how intimidated all you fragile little lollipops seem to be by black women..."
I don't think Frisch even believes that. But when you're trying to prop up an openly true racist POTUS like Biden you have to blurt out something.
We all know that Frisch would be thrilled if Candace Owens were nominated.
Right?
It's OK, Frisch. 5 more brownie points were added to your virtue signalling score card. Only 1,145 more points and you get to choose from several exciting prizes on page 2 of the Ibram X. Kendi's 'Race Hustlers' gift catalog!
Posted by: Scott O | 01 February 2022 at 08:19 AM
Plus one on scene's choice of Stacey Abrams. She can't do any more damage than any other person the Biden staff chooses. And think of the entertainment value!
Posted by: Scott O | 01 February 2022 at 08:22 AM
Stacey Abrams might be a good pic, especially considering she has no legal experience. Joe Biden himself badgered and attacked and filibustered Bush nominee for the Circuit Court…a Black woman. Biden blocked her nomination to the Circuit Court for two years. The former CA Supreme Court Justice was denied because the Circuit Court of Appeals is the jump off point to SCOTUS. Her name is Janice Rogers Brown. The reason Senator Biden and all but one Democrat opposed the CA Supreme Court Justice is simply because the Left did not want the R’s to be the first to choose a Black Female to SCOTUS.
On "The Five," host Dana Perino – a former spokeswoman for the Justice Department and White House during the Bush administration – recalled how Democrats so fervently opposed the nomination of then-California Supreme Court Justice Janice Rogers Brown, a Black woman who grew up in heavily-segregated Alabama, to the high-profile D.C. circuit court of appeals.
"I would just like to take a quick trip down memory lane -- if Democrats really wanted to see a Black woman elevated to the Supreme Court, why did they block Janice Rogers Brown back during the Bush administration?" she asked, noting that she was working within the nominating process at the time. [An insider’s story.]
https://www.foxnews.com/media/dana-perino-biden-supreme-court-filibuster
https://i1.wp.com/www.powerlineblog.com/ed-assets/2022/01/Screen-Shot-2022-01-27-at-7.17.27-PM.png?
https://i2.wp.com/www.powerlineblog.com/ed-assets/2022/01/Screen-Shot-2022-01-23-at-10.12.59-AM.png?
Stacy Abrams, the former paperback bad romance novelist it will be.
Posted by: Bill Tozer | 01 February 2022 at 09:34 AM
Steve, your 514pm again gave me hope of some newfound civility, and then your 252am once more dashed it. Nevertheless ...
Posted by: George Rebane | 01 February 2022 at 09:44 AM
Dr. Rebane @ 9:44 am
At least we know what Steven was doing after closing time @ 2:52 am. It was probably just the alcohol talking.
He went to bed thinking about you, woke up thinking about RR. How cool is dat?
Correction to my 7:55 am:
Steven claimed nine folks were killed on Jan 6, not seven killed. He added the two suicides of DC Metro officers that happened away from the Capitol, one the day before and one the morning of…neither during the riots on the day of infamy. Consider the source. His projection of racism is almost deafening, like a person who is looking for atonement.
Anyway, it indeed a nice break from Punchy on this absolutely gorgeous morning. Solar and wind is obsolete technologies so let’s talk about pigment and vaginas instead.
Posted by: Bill Tozer | 01 February 2022 at 10:02 AM
You can take the boy out of Chicago but you can't take Chicago out of the boy.
Steven Frisch, you should go home once the SBC is as bankrupt as that joint you once owned in Truckee.
Posted by: Gregory | 01 February 2022 at 10:36 AM
"Stacey Abrams might be a good pic, especially considering she has no legal experience."
Yale Law plus a good dollop of tax attorney work for non-profits. Plus lots of 'activism' no doubt. Probably about the right amount for USA 2.0
I like having Mr. Frisch, the Tim Wise of Nevada County, show up. Keeps things lively. He gives as good as he gets.
Posted by: scenes | 01 February 2022 at 10:48 AM
Regarding the defeat (56%-44%) of affirmative action redux in Cali in Nov. 2020, leaving a ban on affirmative action in place-
Who voted for re-instating affirmative action? - blacks, liberal whites.
Who voted against re-instating AA - other whites, Hispanics, Asians. If that catches on in America, blacks are in trouble. They need to win whatever they can in the next few years, else their door may close.
Posted by: The Estonian Fox | 01 February 2022 at 05:06 PM