Saturday, February 12, 2022

Why Biden Will Pick a Radical Replacement for Breyer


  RealClearPolitics  "The Democrats are facing a grim November if they can’t find some way to energize their increasingly disillusioned base. Consequently, they regard the retirement of Justice Stephen Breyer from the Supreme Court as a golden opportunity to rekindle enthusiasm among their voters. President Biden, having already committed to replacing Breyer with an affirmative action hire, is all but certain to nominate a far left radical in order to provoke a confirmation brawl with the GOP as the midterms approach. The Republicans, however, have little to gain by trading punches in such an altercation. They would be wiser to employ a “rope-a-dope” strategy.

"Biden will come out swinging with a nomination from the “Demand Justice” shortlist of leftist nominees — probably D.C. Circuit Judge Ketanji Brown Jackson — and Senate Democrats will respond to the most innocuous questions with cries of “racism.” If the Republicans take the rope-a-dope route, the Democrats will fail to land a serious political punch, and the ideological balance of the Court will remain static. It will nonetheless require restraint to remain this passive, particularly if Biden does choose Jackson, whose record includes a 2019 ruling (later reversed) wherein she gratuitously attacked then-President Trump:"Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings.… Rather, in this land of liberty, it is indisputable that current and former employees of the White House work for the People of the United States, and that they take an oath to protect and defend the Constitution of the United States.… It is hard to imagine a more significant wound than such alleged interference with Congress’ ability to detect and deter abuses of power within the Executive branch for the protection of the People of the United States." . . .

Biden faces conflicting pressures as he closes in on a Supreme Court nominee (yahoo.com)

. . .The first Black federal judge in Alabama, U.W. Clemon, sent a letter to Biden on Feb. 4 urging him not to consider appeals Judge Ketanji Brown Jackson for the Supreme Court, according to a copy obtained by NBC News.

"Clemon, a retired chief judge of the U.S. District Court for the Northern District of Alabama, argued there are "several exceptionally well-qualified black female aspirants," but that Jackson isn't one of them and "should not be appointed" to the court."

Update:  Alabama's first Black federal judge asks Biden not to tap Ketanji Brown Jackson for Supreme Court (msn.com)  . . ."The first Black federal judge in Alabama sent a letter to President Joe Biden asking him to pass over a leading contender for the US Supreme Court, NBC News reported on Friday.

"U.W. Clemon — a former state lawmaker who served as a federal judge in Alabama from 1980 to 2009 — petitioned the president not to consider Judge Ketanji Brown Jackson for the vacancy that will be filled upon the departure of Justice Stephen Breyer later this year. Jackson, who has been a frontrunner for the seat, currently sits on the federal appeals court in Washington, D.C. ". . .

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