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

Posted on Friday, September 25, 2020
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by Outside Contributor
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55 Comments
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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.

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Myrna
Myrna
3 years 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.

Todd
Todd
3 years 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
Brenda Blunt
3 years ago

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

Linda K
Linda K
3 years ago

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

RJ from Arizona
RJ from Arizona
3 years ago

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

James
James
3 years 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!

Janet
Janet
3 years 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.

JohnH
JohnH
3 years 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.

MariaRose
MariaRose
3 years 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.

Josephine pooley
Josephine pooley
3 years ago

This article lays out the facts beautifully!

J. FARLEY
J. FARLEY
3 years 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.

Chuck
Chuck
3 years ago

Viva, la revolucíon!

Marilyn
Marilyn
3 years 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.

Kathryn DiPiazza
Kathryn DiPiazza
3 years ago

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

John Hunt
John Hunt
3 years 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!

Keith
Keith
3 years 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…..

Mytake
Mytake
3 years 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!

Joe McHugh
Joe McHugh
3 years ago

On November third, if Joe Biden wins the election, he will “forget” all of this talk about healing a divided nation. Biden will immediately move to initiate higher tax rates on ALL wage earner’s income. The government could confiscate ALL of the wealth of the rich and only realize enough to run the Federal Government for six months. Then what? You know what the Democrats would do, raise taxes to a 90% rate on the middle class.

The 47% of the wage earners who now pay no Federal income tax? They don’t care because the Democrats would never stab them in the back by requiring them to pay ” their fair share”. At least that is what the lower income citizens must think when they vote for the liberal candidates.

I’ll say it right now, the majority of the voters, (the ones that voted for Hillary Clinton), Would have their elected representatives pass laws to exact ever more taxes from the American workers. These voters are short sighted, and they are unable, or unwilling to see what they would bring about would be nothing less than the imposition of the socialist ideals of Karl Marx.

Something wicked comes our way. If the Democrat Party regains political power, it will move to make such power immutable. As Joseph Stalin liked to say, “The voters don’t matter, only what the vote counters report matters.” You know, just like the inner cities voting districts have been doing, all along, i.e. reporting over 110% of the votes were for obama. Just how can the registered vote count exceed 100% in a voting district? The Democrats constantly complain about stolen elections. They ALWAYS charge their opposition with the very things that they do as a matter of course.

No matter if Perdition, or high water comes my way I would crawl over broken glass to cast my vote on November third. Guess who I will vote for. …………(Hint, anyone and everyone who’s name appears on the Republican ballot row.)

cath
cath
3 years ago

Come on people using words like falsity and others is pushing the arrogance button a little too much. IF you are trying to speak to “regular citizens” use the words they are likely to use – that are “clean”. If the purpose it to reflect how “learned” you are, then that should be accepted…point made. You STILL appear to be arrogant and somewhat narcissistic!!!

cath
cath
3 years ago

Will, if the people voting for Biden they know that – they are ACTUALLY voting for his second or probably Pelosi but maybe that isn’t even who they have in mind – George Soros perhaps???!!! I understand “how will he get in?” Well, how does he do all the damage he’s done to the US society so far…he’ll do it the same way! It is called an “agenda to destroy the US”…he’s gotten away with it so far!

Wayne Sluiter
Wayne Sluiter
3 years ago

Here we have a real horse`s butt that has been in DC for almost 5o years and now he wants to go to DC to fix things? HA!

Rick J.
Rick J.
3 years ago

Biden’s middle initials are B.S. God help us all if this lying old burn out becomes president.

Ed J
Ed J
3 years 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.

Bill Brown
Bill Brown
3 years ago

Get your Children our of Public Schools and turn-off Mainstream Media!  Become a Free American!!  Join the Trump Movement – The American Revolution Version 2!!!  Become a Counter-Revolutionary!!!  Stand-up for Our Republic!!!!  Remove Every DemocRat!!!!!

Bill Brown
Bill Brown
3 years ago

Most Europeans came to America to get away from the “Swamp in their Country”.  Thanks to the DemocRats, now we have our own Swamp which is even more controlling and dictatorial!!  Join the Trump Movement – The American Revolution Version 2!!!  Become a Counter-Revolutionary!!!  Stand-up for Our Republic!!!!  Remove Every DemocRat!!!!!

Bill Brown
Bill Brown
3 years ago

What is happening today is exactly why OUR Founders wrote and passed the 2nd Amendment!!  Join the Trump Movement – The American Revolution Version 2!!!  Become a Counter-Revolutionary!!!  Stand-up for Our Republic!!!!  Remove Every DemocRat!!!!!

Bill Brown
Bill Brown
3 years ago

The DemocRats (Communists) have insulted every American Citizen by giving their nomination to a dementia patient and a left wing failure and still expect you to vote for them!  If the Communists win this election with this ticket, they will ensure that there will never again be a true election in their United Soviet States of America!!  Join the Trump Movement – The American Revolution Version 2!!!  Become a Counter-Revolutionary!!!  Stand-up for America!!!!  Remove Every DemocRat!!!!!

Bill Brown
Bill Brown
3 years ago

The DemocRats, The Media, Teachers Unions, etc. try to make us believe they are invincible!  They ARE NOT!  Push back against the bullies!! Join the Trump Movement – The American Revolution Version 2!!!  Become a Counter-Revolutionary!!!  Stand-up for Our Republic!!!!  Remove Every DemocRat!!!!!

carol
carol
3 years ago

I think too many voting for Biden just listen to the media and believe everything they hear from some leftist media personality. I know folks that no matter how much factual info you put in front of them, the facts become “fake” news cuz their favorite reporter didn’t report the facts so they can’t be true! I pray for those lost souls who have been so indoctrinated that they can’t see truth when it hits them upside the head!

Bruce
Bruce
3 years ago

Biden, like the Hillary, is a career politician. He believes in whatever the polls…or nowadays the ongoing DNC marketing focus groups, are telling them they want at that moment. No principals. No moral duty. No allegiance to the constitution. Nope…whatever sells in the short term….that’s what Joe Biden believes and that’s what he will sell.

A vote for anyone with a -D after their name is a vote for anarchy and hate!

LARRY MACE
LARRY MACE
3 years ago

Hypocrisy, is of course, a staple of politics, but some people take it to an extreme. Senile Joe is one of those .He deserves NO votes.

Edward T Curtis
Edward T Curtis
3 years ago

I used to look at Joe Biden as a normal do nothing politician who’s biggest claim to fame was his getting hair transplants some years ago. Now he is going to commit complete political suicide by trying to debate Trump 3 times in a month? He won’t be able to remember what he says from one debate to the next. I cannot believe his close friends and family, let alone his party, haven’t tried to talk him out of these up-coming debacles.

Danny Estridge
Danny Estridge
3 years ago

Ya know, after serving 20 years in the military and not voting because I worked for us, I just did what you wanted done. Now, I get this $ussied $ss %ull $hit. If this is what it comes down do, I feel really sad. I ain’t political, but this is BS, the only way to get ANYTHING DONE IS TO VOTE. Yes, I’m only one vote, but what about all of you? I cherish this stupid thing called voting. I gave you guys 20 years of my life for you to have that right. I can now vote, may not be able to walk to good now, but can vote absentee and I’m voting. I vote for whatever I can vote for, as long as it’s absentee. That’s why I kinda hate counties, they don’t do absentee ballots that often, if at all. That infringes on my right to vote, nobody talks about that because it’s so small. We’re messed up, will we do anything about it. Time will tell, but I ain’t holding my breath. We’re pretty much screwed, as a matter of fact, after ll this time, why should I vote? Nobody cares, they just want status que.
Danny

DebS
DebS
3 years ago

The problem is most people either forget what Biden has done or said in the past or they aren’t old enough to know what was done or said. And also some people just vote the party not the issues. I pray for President Trump and Vice President Pence everyday, as well as the rest of the Republicans. And I pray that God will give the others in “power” the wisdom to do the right thing by our country. We need 4 more years with President Trump in office!

Lorey
Lorey
3 years ago

Then why don’t we elect 2 Asians-2 blacks- 2 Latinos-2 whites. Make each race 1 woman – 1 man

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