Opinion / Politics

Biden the “Uniter?” A Brief Review of His Tawdry Judicial Nomination History


Photo Taken by Gage Skidmore

So Joe Biden’s latest awkward flip-flop occurred this week, when he reversed a June commitment to identify potential Supreme Court nominees should he become president.

With Supreme Court vacancies suddenly occupying center stage in the presidential campaign upon the passing of Justice Ruth Bader Ginsburg, Biden unconvincingly rationalized, “Anyone put on a list like that under these circumstances will be subject to unrelenting political attacks, because any nominee I would select would not get a hearing until 2021 at the earliest, and she would endure those attacks for months on end without being able to defend herself.”

That’s odd, since the dozens of judges named by President Trump as potential nominees since his 2016 campaign have somehow escaped that harrowing fate, even with a mainstream media heavily invested in harassing conservatives and defeating President Trump in both campaigns.

Perhaps Biden somehow believes that left-leaning media would treat his potential nominees with less deference than Trump’s, but if that’s the case then perhaps he really is as cognitively “shot” as Trump keeps suggesting.

At any rate, Biden’s new stance contradicts his statement in June that, “We are putting together a list of African-American women who are qualified and have the experience to be in the court, and I am not going to release that until we go further down the line in vetting them as well.”

Never mind, apparently.

More generally, Biden’s campaign theme of returning “unity” and “normalcy” to the nation is an odd one, especially as it relates to judicial nominations.

After all, Biden is the man who, alongside the late Senator Ted Kennedy (D – Massachusetts) unleashed what has become take-no-prisoners judicial confirmation warfare in 1987 over Judge Robert Bork.  Few stunts in modern political history assaulted our collective sense of “unity” and “normalcy” as that, yet Biden now asks Americans to accept that he’ll restore those ideals to American politics generally and the judicial confirmation process more specifically?

That ship sailed in 1987, Joe, with you playing First Mate to Ted Kennedy’s Captain.

Lest one deem that unfair or hyperbolic, just consider the objective record.

Consider that in 1986, archconservative Antonin Scalia was confirmed to the Supreme Court by a 98-0 vote, which included Senator Joe Biden.  One year later, however, with the Senate now controlled by Democrats, Biden and Kennedy commenced their judicial warfare campaign that endures to this day by slurring the reputation of Judge Bork, whose intellect and professional achievements closely paralleled Scalia’s.

Judge Bork perfectly captured Biden’s profile in cowardice in his masterpiece “The Tempting of America”:

Senator Biden told the Philadelphia Inquirer in November 1986, “Say the administration sends up Bork and after our investigation he looks a lot like another Scalia, I’d have to vote on him and if the groups tear me apart, that’s the medicine I’ll have to take, I’m not Ted Kennedy.”  My record was in fact almost identical to Scalia’s.  We voted the same way on the Court of Appeals 98 percent of the time, and on the one major case where we differed we did so because I favored a First Amendment defense in a libel action.  But seven days after my nomination, Biden was visited by representatives of the Leadership Conference on Civil Rights, the Alliance for Justice, the Women’s Legal Defense Fund, and the National Association for the Advancement of Colored People Legal Defense and Education Fund, and he at once stated that he would oppose the nomination and would lead the fight in the Senate.  

Thus, honoring one’s commitments and maintaining a sense of institutional “normalcy” certainly aren’t among Biden’s distinguishing characteristics through the decades.

Four years later, Biden bungled the confirmation hearings for Supreme Court nominee Clarence Thomas, and decades later contradicted himself again by renouncing his position at that time and prostrating himself to Anita Hill.

In 1992, Biden issued what became known as the “Biden Rule” amid a presidential campaign, which he has also now come to regret.  Namely, Biden asserted that “divided government” with the White House and Senate controlled by different parties prevented a “national consensus” necessary to confirm Supreme Court nominees should vacancies arise.

Today, of course, no such “divided government” exists.  Quite the contrary, President Trump with his own list of potential nominees won the White House, and in 2018 Republicans extended their Senate majority on the specific promise of confirming President Trump’s nominees.  Indeed, voter disgust at how Democrats treated Brett Kavanaugh played a central role in that 2018 election.

Biden’s real motivation, of course, is transparent.

He must present himself as a “moderate” to the American electorate, even as the fanatical left increasingly dominates his party and populates his voting base.  But actually identifying potential Supreme Court nominees would immediately expose the falsity of that image, since each person’s radical and objectionable record would be open to inspection.

President Trump, in contrast, confidently advertises his list of textualist judges.  He won in 2016 on that basis, and Biden the illusory “uniter” understands that the issue may once again prove pivotal this year.

Reprinted with Permission from - Center for Individual Freedom by - Timothy H. Lee

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1 month ago

Wow it is like the passing of Obama care ,we have to pass it so you can see what is in it. So old washed up Joe wants to get elected so he can tell us what his plan is. I don’t think so, VOTE RED(Remove-Every-Democrat) Stand tall American Patriots and make sure to VOTE.

Brenda Blunt
1 month ago

Biden is not the “man” for the job. He is a double crosser and only out for himself! Go Trump Go!!

1 month ago

Biden either has no back bone or really doesn’t care. Either way, he does not ever give the impression that he will be a strong leader.

1 month ago

I heard some statistics on the radio today that said that people voting for Biden think he will do a better job of managing COVID response! What? He has stayed in his basement bunker for the last few months and only SAYS Pres Trump bungled the response. Where is the proof? Where did he bungle it? Vote RED.

1 month ago

How can anyone talk so much and say so little? Let’s face it, Joe Biden will be nothing but a sock puppet in the hands the radical left of the democrat communist party! Voters, please do our nation a favor! Vote out all democrats!

RJ from Arizona
1 month ago

The socialist party has an AKA, Sleeze Inc.
I like Todd’s comment, Vote RED, remove every democrat.

Patriot Will
1 month ago

Between Biden’s history of pushing discord and his recent troubles with dementia, it is very hard to understand how any honest voter has any confidence in Biden’s judgment. What is even sadder is that many Americans have allowed their blind hatred and rage to be their reasons for voting for certain political candidates. What happened to the concepts of civic knowledge and civic pride?

Linda K
1 month ago

The only reason Biden agreed to pretend he was running for president is to keep his son out of jail.

John Hunt
1 month ago

I would hope by now that everyone with a smidgen of sense recognizes that Joe Biden is mentally “out to lunch”; without a teleprompter and someone at his side reminding him to look at it, he can’t string two sentences together…maybe even one. I would hope that everyone thus realizes it will be Kamala Harris who is in fact being elected President, not “Uncle Joe”…I firmly believe they will usher him out as incompetent within the first 3 months!

Kathryn DiPiazza
1 month ago

Biden only cares about Biden always has always will. He must be defeated or we will be defeated. Vote Red all the way!

1 month ago

You can tell when Joe (Obiden not to sound Irish) is lying, his mask is moving !!!!!!!!!!!!!
His, picks will destroy the constitution and our freedoms, there is not one constitutional provision or law they won’t pass to have complete control over our lives, like one person wrote stand tall, vote the Demonrats out of office.

1 month ago

The more information I have received about Joe Biden the more I see how low is his sense of ethics. How Democrats feel that it’s okay to be so slimy for members of their party but are so TDS to President Trump. Time for them to face reality, and for us to be prepared to be strong to see around their tactics.

1 month ago

Joe is not the problem. The problem is Kamala Harris. She will be running the White House and that is as scary as hell.

Patriot Will
1 month ago

Biden’s ability to slander anyone who is not on board with the latest sound bite being spread by the Democrats has a long and treacherous history. If Joe is a peacemaker in politics, then President Trump can be considered a saint. Sadly, Bunker Joe’s dementia has ruined his memory so much that the public can’t even guess as to whether Biden is once again lying or forgetting the truth. Tragically, our left-wing, communist press will not even make an attempt to give critical analyses which allow for transparency, and regretfully, most liberals don’t care one way or the other.

1 month ago

I often stand amazed at the hypocrisy and disingenuous blather of the radical left. That they can do so with a straight face on a fawning and complicit national media is truly surreal. Our nation has truly lost its way during recent decades thanks to the entrenched political elites on both sides of the aisle. Joe Biden is a poster boy for the Swamp…..

1 month ago

The Demoncrats must go. Joe biden is not strong enough for the job of President. He is an empty suit and not all there to boot!

Josephine pooley
1 month ago

This article lays out the facts beautifully!

Ed J
1 month ago

Gee whiz! “Auditioning For President” Joe Biden remarkably resembles the game called Whack-A-Mole when one is trying to pin down his so-called “position” at any moment in time. What next? Hard to tell, but I’m looking forward to when he ultimately declares himself the new American reincarnation of Joan of Arc here to “save” our nation! Then we can whack that mole again, but my arm is getting very tired playing this game.

1 month ago

Viva, la revolucíon!

1 month ago

Supreme Court is part of Judicial branch of govt. I always thought that the Supreme Court justices were non-partisan & would uphold the Constitution for all Americans. Now, it sounds like both parties want to pack the Court with liberals or conservatives (and both parties openly admit how important their picks are). I must have led a sheltered life because I always thought these people were neutral with their rulings? And some must be more independent than others I hope & will rule non-partisan. Pray for the United States to unite again.

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