Don’t buy Democrats’ cries of GOP ‘racism’ and ‘misogyny’ over Biden’s Supreme Court pick



Even before Justice Ketanji Brown Jackson was nominated for the Supreme Court, prominent Democrats began accusing Republican senators of being racist and misogynistic for daring to question, for example, the commitment than President Joe Biden made as a candidate to appoint a black woman to the high court if elected.

Senator Elizabeth Warren, D-Mass., noted such questions demonstrate that the Republican Party has gone from “racial whistles to dogs and straight to racial sirens.”

Senate Judiciary Chairman Dick Durbin, D-Ill., said, “Some of the people who speak the loudest about not choosing a black woman have never voted for a black candidate.”

And a Senate candidate, Pennsylvania State Rep. Malcolm Kenyatta, also a Democrat, noted“Racists are going to be racists.”

On the House side, Rep. Hank Johnson, D-Ga., said Republican statements about Biden’s use of identity politics for this nomination were “the racist whistle everyone hears.”

Not to be outdone, Rep. Hakeem Jeffries, D.N.Y., chairman of the Democratic Caucus, noted“These people are imposters, and they continue to try to divide America by engaging in racially inflammatory and unnecessary rhetoric.”

There is no doubt that this drumbeat will continue and intensify as the date for Jackson’s Senate confirmation hearing approaches. Sure, Republican senators are going to have to be careful how they approach this candidate, but that doesn’t mean they have to buy into this narrative. Not. A. Bit.

Let’s tell a bit about the confirmation story of how Democrats have treated minorities and women who have been appointed to federal judgeships by Republican presidents.

In March 1990, while chairman of the Senate Judiciary Committee, Senator Joe Biden. D-Delete, voted to confirm Appointment of Clarence Thomas to the United States Court of Appeals for the DC Circuit, the court where Jackson now sits.

But during Thomas’s confirmation hearing, and somewhat oddly since he hadn’t been nominated for the Supreme Court, Biden warned Thomas that he believes different standards apply to court nominees. supreme and lower court candidates. Biden declared:

[A] a lower court judge cannot legislate, although a Supreme Court judge can legislate. Therefore there are fundamentally different tests that can be applied. … [A]s In my view, if you will faithfully carry out your responsibilities as a lower court judge, you are bound by these Supreme Court decisions. If you’re on the Supreme Court, you’re not bound by those decisions at all. … So I want the record to reflect … that there is a fundamental distinction between what is required and what should be required of a circuit court judge and a district court judge and a judge of the Court supreme.

And sure enough, a year and a half later, in October 1991, Biden voted vs confirming Thomas to the Supreme Court, along with 46 other Senate Democrats. Thomas was eventually confirmed, making him the second African American to serve on the High Court.

In 2003, Biden vote twice to obstruct the nomination of Justice Janice Rogers Brown to the DC Circuit at a time when she was considered a possible replacement for Supreme Court Justice Sandra Day O’Connor.

Chestnut has been the granddaughter and daughter of sharecroppers who rose from poverty in rural Alabama during the segregation era to attend law school as a working single mother. She was eventually nominated to the Supreme Court of California.

when brown has been prominently mentioned as a potential replacement for O’Connor, Biden has appeared on television as a senator and noted: “I can assure you that it would be a very, very, very difficult fight and she would probably be blocked.”

Given that the Senate filibuster still existed for judicial nominees at this time, it was likely the end of any hopes Brown might have had of being nominated to the Supreme Court. Of course, had she been nominated and confirmed, Brown would have been the first African-American woman to serve on the Supreme Court, which President Biden now said is “long overdue”.

In 2003, Biden voted six times (to see here, here, here, here, hereand here) to obstruct the nomination of Miguel Estrada to the DC circuit, a tactic that ultimately succeeded in murder his appointment. Many Democrats still in the Senate joined Biden in each of those votes.

Estrada would have been the first Hispanic to join the DC Circuit. According to internal strategy memos, Democrats seen calls him “particularly dangerous” because “he’s Latino and the White House seems to be grooming him for a Supreme Court nomination.”

Democrats clearly didn’t want a Republican president to appoint the first Hispanic to the Supreme Court.

More recently, President Donald Trump appointed women to seven of 12 circuit courts. He also named the first Asian Americans to serve on the 5th and 6th Circuits.

Then-Senate Minority Leader Chuck Schumer and Democrats voted to stonewall each of these Trump nominees, then voted against confirming them.

All in all, Schumer vote against 20 of 21 women and minorities appointed by Trump to federal appeals court posts (kudos to Amy St. Eve for being the only exception).

What about then-Sen. Kamala Harris? The California Democrat did not vote on seven candidates and voted against 13 of the remaining 14.

Dick Durbin? The Illinois Democrat voted against 17 of 21. Elizabeth Warren? The Massachusetts Democrat did not vote on five candidates and voted against 15 of the remaining 16.

the disk of other Senate Democrats was not much better (and in some cases worse).

Republicans accused of being racist and misogynistic when it comes to questioning Jackson before and during his Senate confirmation hearing should not shy away from telling this story.

The sound you hear may be a breed dog whistle, but you have to watch carefully to see who is blowing.

This piece originally appeared in The daily signal

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