(UnitedVoice.com) – In 2020, Democratic presidential nominee Joe Biden tried to clobber then-President Donald Trump with his own words. Biden often excoriated Trump by saying that a president’s words matter. Apparently, they only matter when it’s another president’s words. It doesn’t apply to President Biden, or so he thinks.
On Thursday, January 27, Supreme Court Justice Stephen Breyer announced his retirement would take effect at the end of the current term in June or July. Ahead of Breyer’s formal announcement, just one day earlier, Biden stoked more controversy as he signaled his intent to fulfill a campaign promise to only consider appointing a Black woman to the Supreme Court (SCOTUS). Not only is one Constitutional scholar suggesting racial politics in picking a SCOTUS nominee isn’t appropriate for practical and legal reasons, the vast majority of the public, including Democrats, don’t like it, either.
New Poll Suggests That Biden Is Digging Himself a Deeper Hole
Since July 1994, Breyer has been a reliable liberal justice on the court. Still, far-left activists tried forcing him to retire ever since Biden got to the Oval Office, and a with Democratic Senate majority, he can freely appoint a replacement that would be seated for decades to come. Without a need for controversy, some wonder why Biden is stoking one in announcing he’ll only consider a specific race and gender as a condition for appointment to the high court.
It appears that Biden is digging himself a deeper hole. Since August, polls indicate that voters have been unimpressed with the president’s performance. When Breyer announced his retirement last week, the media jumped with glee and suggested a SCOTUS pick could energize his base and bring up his faltering poll numbers.
It appears that isn’t going to happen. A new ABC News/Ipsos poll released on Sunday, January 30, shows a whopping 76% want the president to consider all potential qualified nominees irrespective of race or gender. Even 54% of Democrats want Biden to consider a nominee regardless of race and gender. Only 23% said Biden should only consider a Black woman.
It makes sense. This is what Democrats have been preaching for generations.
Could Biden’s Pick Harm the Court’s Legitimacy?
There is absolutely nothing wrong with appointing a Black woman to the court. It may be wise to select someone to the court that balances it out and makes it appear more reflective of America. There’s no doubt there are several Black women out there who are imminently qualified.
Yet, it likely wouldn’t matter who Biden picks to replace Breyer. She won’t meet the conservative worldview that the court should interpret the law and disputes according to the original intent of the Constitution. So, that is off the table. Plus, this nomination isn’t going to change the court’s 6-3 Republican-led makeup. It’s status quo.
Additionally, the perspective that Biden is playing racial identity politics with the SCOTUS can only serve to hurt both the new justice and the court’s legitimacy. On Sunday, moderate Republican Sen. Susan Collins (R-ME) said Biden’s political agenda for the court adds to the public view that the SCOTUS is a political institution like Congress. It isn’t.
While Biden digs in his heels, Americans may also dig in theirs. Biden is already an unpopular president who is creating more self-inflicted wounds. His lack of awareness isn’t only hurting his presidency but also his party, the SCOTUS, and the nation.
Will he ever figure it out?
Don Purdum, Independent Political Analyst
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