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Biden’s Blunder May Cost Him a Supreme Court Seat

Posted on Thursday, February 3, 2022
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by AMAC Newsline
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Biden

AMAC Exclusive – By Daniel Roman

Joe Biden’s decision to run a search process for his Supreme Court pick that excludes 95% of Americans – a process that would exclude consideration of Thurgood Marshall, Ruth Bader Ginsberg, Stephen Breyer, and Barack Obama – is a colossal mistake. It is a mistake that will not only cost Joe Biden politically but, if Biden is not careful, may make it impossible to fill Breyer’s Supreme Court seat altogether.

The simple fact is that the process by which Biden has undertaken to select a replacement for Justice Stephen Breyer is an affront to everything America stands for. For that matter, it’s an affront to what Breyer stands for, as highlighted in his retirement speech, a paean to American greatness with invocations of George Washington and Abraham Lincoln.

The core of Biden’s mistake is not that he promised to appoint an African American woman to the court, or even the judgment he recently made to follow through on his promise. In hindsight, Biden might have avoided making that specific commitment and still won South Carolina and the nomination. Bernie Sanders’ threat looks far less formidable today than it did at the time, and the prospect of Pete Buttigieg as a viable candidate for president in 2020 now seems almost laughable. But with the state of Biden’s campaign and the role James Clyburn played in its revival, the promise was a justifiable, if excessive, part of a successful strategy. Having made the pledge, refusing to honor it would have caused charges of betrayal and controversy among an already fractured Democratic Party.

There were, however, ways of fulfilling the campaign promise which would not have immediately undermined the candidacy of whichever candidate Biden ultimately selected. If Biden had just immediately moved forward with announcing a nominee—someone, anyone—and they “happened” to be female and African American, the focus would all be on their qualifications and background, not the “horse race” for the selection. He could have said easily he had long had the nominee in mind because they were clearly the most outstanding pick.

Yet Biden has not simply moved forward with a nomination. Instead, he has initiated a charade of a search which excludes anyone who is not black and female – thus placing all the attention squarely on the race and gender of his potential picks, making clear that his fundamental criteria are neither qualifications nor even judicial philosophy, but identity.

It is the very essence of this exceedingly narrow “search” to pick a new Supreme Court justice that is Biden’s first and greatest mistake. This public and protracted “search,” not the pledge to appoint an African American woman, has trapped him. Now he must defend a process which, by definition, suggests that while qualifications are important, they are less important than race or gender. 76% of Americans disagree with this approach and say they believe that “all candidates regardless of background” should be considered to succeed Justice Breyer. Of course, they do; most Americans are good people who believe things like equal opportunity matter. Biden placing himself on the wrong side of such a question is a blunder of shocking proportions. Indeed, no president has ever been so foolish as to handle a Supreme Court nomination in this way.

Dangerously for Biden and the Democrats, they have now maneuvered themselves into a situation where things can quite easily get worse. Democrats’ Senate majority depends on the tiebreaking vote of Vice President Harris. That means a single Democratic defection would doom any nomination, assuming Republicans are united in opposition. Biden and Schumer should have learned something from their experiences with Kyrsten Sinema and Joe Manchin. While both have been generally reliable votes on judicial nominations, Sinema in particular clearly values the independent, maverick, bipartisan image she has cultivated. Her political future arguably depends on maintaining it after her break with Democrats on elections and the Build Back Better social spending bill.

While Sinema largely would have received a pass on confirming a Biden pick – Sinema is, after all, pro-choice, and Biden is replacing a liberal – the quota-based process is exactly the sort of thing Sinema has established a reputation for opposing. The longer the controversy persists, the greater the political cost of Sinema voting to confirm, especially if there are no Republicans voting Yes to provide cover. While Lindsey Graham, Mitt Romney, and Lisa Murkowski likely would have backed a Biden nominee regardless of ideology, they too could find themselves hard-pressed to legitimize this process. Their support for Biden’s nominees was a vote for the “process” and “institution,” but this process makes a mockery of both.

What if Biden loses Sinema’s vote? He would have a real problem. For one thing, not only would it doom this specific nominee, but if Sinema objected not to the nominee but to the process, then any other African American woman Biden nominated would now look like a product of the same process. Yet if Biden backed down and nominated someone other than an African American woman, he would be seen as betraying his base, his promise, and the African American community. In such a circumstance, it seems likely that the only recourse open to Biden would be either to plead with Sinema, or for protestors to try and threaten her, both of which failed to force Sinema to support Democrats’ push to abolish the filibuster. There is a real chance that neither Sinema nor Biden could back down. The former because to do so would be to lose all of the moderate and conservative crossover credibility she won over the last year, the latter because it would look like throwing his “base” under the bus yet again under pressure from “Sinemanchin.”

In short, Biden has screwed up every aspect of the Supreme Court nomination process. He mismanaged Breyer’s retirement announcement, humiliating the Justice, while also handling his “promise” regarding a replacement in the worst way possible. Rather than pursuing plausible deniability, by preselecting a nominee who met his criteria and eliminating the need for this unseemly search process, he is running what he claims is a merit-based search, while strictly limiting the search to an exceedingly narrow combination of race and gender in a fashion most Americans find offensive. He is placing the future of his nominee and Breyer’s seat in the hands of Sinema and a few Republicans, while doing everything possible to make it difficult to support him.

Daniel Roman is the pen name of a frequent commentator and lecturer on foreign policy and political affairs, both nationally and internationally. He holds a Ph.D. in International Relations from the London School of Economics. 

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EAA
EAA
2 years ago

Apparently racial discrimination is Okay, but only if you are a DemocRat.

Jack Schmotzer
Jack Schmotzer
2 years ago

The last paragraph starts out with “In short, Biden has screwed up every aspect of the Supreme Court nomination process. ”

Actually, Biden has screwed up every aspect of his fake presidency.

Ron Howard
Ron Howard
2 years ago

That was a huge number of words to point out what everyone already knows about Joe Biden. The man is a fool who is on the wrong side of everything, stopping the building of the wall, making us once more dependent on oil, shutting down the pipeline, opening the border, mishandling of the “pandemic”, mandates causing millions to become unemployed for refusing to submit to poison jabs, depleting our military force, and killing our economy in the process, Abandoning Afghanistan and giving the Taliban millions of dollars’ worth of military equipment in the process, and I won’t go on stating things we all already know.

Danny
Danny
2 years ago

Nothing more than what’s been expected from a man who’s been on the wrong side of everything

Pat N.
Pat N.
2 years ago

Per Biden the other day….in order to prepare for a hurricane, get vaccinated! This should tell you all you need to know! LGB!

FUK
FUK
2 years ago

Xiden is a traitor and progressives are anti-American scum. We need civil war 2.0.

Clark Kent
Clark Kent
2 years ago

Hate to burst your bubble, but RINOS Collins, Murkowski, Romney and Graham will GLADLY and WILLINGLY vote for whoever Sleepy Joe nominates. Nice try; no cigar. WAKE UP!

Bev
Bev
2 years ago

I thought SCOTUS nominees had to have more than a simple majority vote. It’s hard to keep track of how bad we’re getting fu<ked. Pardon my French but I’m getting so tired of this illegitimate pResident being Barry Soetoro’s bi+ch. You know PedoJoe isn’t calling the shots. He can’t even walk without his much younger “Dr.” wife holding his hand, dragging him around like a little puppy. I shouldn’t say that – I love puppies and they don’t hurt people on purpose.

Am I wrong? Don’t SCOTUS nominees need 60 votes? IF we had a real opposition party, we wouldn’t have to worry so much. Most Republican senators are as bad as demonic rats. We the People are truly screwed.

Pat R
Pat R
2 years ago

So Biden has told the world he is not capable of making a thought-through choice or decision. But then thinking people have known that all along.

Mitch
Mitch
2 years ago

Making that promise was a booby trap from the get go, and wrong on principle, but perfectly understandable in the world of Dem politics. It will be easy for him and his handlers to escape from it by nominating a black female jurist who is not an obvious leftist and has a reasonable resume, thus providing cover for people like Sinema and some RINOs. He’ll catch some flak from the squad types, but the power brokers will be ok with that.

Russ
Russ
2 years ago

Last time I checked, blacks comprise 13% of our total population, and with only 9 justices on the Supreme Court, and one of them being black, do the math, the blacks are fully represented. Perhaps, it’s time to consider other nationalities, who have no representation at all, in the highest court in the land ?

Richard
Richard
2 years ago

Malarkey Joe is THE mistake. And Senator Lujan’s incapacitation makes 3 uncertain Senators for the Democrat coalition.

Tim Stark
Tim Stark
2 years ago

Pres. Biden’s TERRIBLE poll numbers (esp. with his own party constituents) is all the foundation needed to put off any and every nomination until AFTER the ’22 elections. That’s the right thing to do, but it remains to be seen if the elected Republicans will act like real conservatives and constitutionalists. I wish I didn’t have so many well-established reasons to be concerned that this might not be what they do.

Rich C
Rich C
2 years ago

Anyone ever remember what the liberals called the “litmus test” when President Trump was creating his lists for nomination? Of course that doesn’t pertain to the liberals. Funny how words and ideas can change depending on who utters them. If SCOTUS gets any more liberal we won’t need a court system.

Robert Zuccaro
Robert Zuccaro
2 years ago

Brandon will nominate whoever George Soros tells him to.

Wanda
Wanda
2 years ago

Biden screws up everything he touches….he is a buffoon and an illigitimate president because he was installed and not elected….through voter fraud.

Justis
Justis
2 years ago

Whom ever Joey nominates will not be African American, unless you were born in Africa you’re not African American.

Sandra Lee
Sandra Lee
2 years ago

What’s going on??? You keep stopping me from posting my agreement with a statement made by someone with your “YOU ALREADY VOTED FOR THIS STATEMENT” when I have NOT!!
Please fix this!!!

D B
D B
2 years ago

Sorry. This is a moot perspective, based on wishful thinking. Joe may have tipped his hand early, but Sinema is not going to reject a reasonable selection.

Duane
Duane
2 years ago

Objectivity, unbiased, Representation and UPHOLDING the LAW have gone out the door with the liberal left wing. Friends, we are being RULED not REPRESENTED. It’s strictly POWER! Look at Californication! These left wing whack jobs are still claiming the moral high ground. Trying to create and usher in a utopia based on the imaginations in their corrupt mind. Forcing everybody else to live by it. The People of Canada have had enough of it and are currently showing it. Biden’s middle name is “Blunder”. What kind of “Blunder” is BB going to initiate regarding the Russia/Ukraine debacle? God help us. We The People are the Government and Sovereign.

BobA
BobA
2 years ago

Pandering, thinking that this will make him popular and change his racist ways.

Broccoli Free Zone
Broccoli Free Zone
2 years ago

I wonder why I loathe Joe. After all he is a white supremacist like the media says I am.

Peter Pompeo
Peter Pompeo
2 years ago

Biden is a Fraud , why isn’t he awaiting execution at gitmo ? Where is America’s justice department ?

Eric
Eric
2 years ago

History will confirm that it was a colossal mistake to elect a man who has Robinette for a middle name.

Phyllis
Phyllis
2 years ago

Just when you think Biden could not be MORE stupid, he proves you wrong. Biden is on the wrong side of every issue.

K C
K C
2 years ago

0Biden is a complete and utter disgrace. He is an embarrassment for the United States, both domestically and internationally. The process he is pursuing to fill Bryer’s seat is unconstitutional and illegal. Impeachment, as soon as Republicans take control of Congress next January, is not optional.

Chucky
Chucky
2 years ago

Phaq this Marxist Puf government they are your enemy.

Barb
Barb
2 years ago

So, how many more things can Joey screw up in the next 2 years 11 months? Replacing Justice Breyer is not the first or last thing. If I had been Justice Breyer, I would have made my retirement announcement on my own time when I felt good and ready, and let Joey and the main stream media talk and wonder. Good luck and a happy retirement to Justice Breyer, he will not miss all the BS, good time to go fishing or traveling.

Karen
Karen
2 years ago

Keep up the good work Joey You’re doing a fine job making your Presidency (not my presidency) go down the tube. Ta Ta Biden!!!!!!

Hemry
Hemry
2 years ago

I guess that Biden can solve the problem by having Lottery of the best of best?

Charlie
Charlie
2 years ago

I’m going to get technical. The women he’s thinking about nominating are not African American. They are American. To be African American they would have to have lived in Africa. None of them were born in Africa. The term African American is a lie. Get mad all you want but I’m stating facts

Elizabeth Cheever
Elizabeth Cheever
2 years ago

I raised my children to understand that “by law” 18 was the legal age at which every human being in our society and culture is considered to be “an adult”. As adults, regardless of age, each of us is responsible and accountable for our individual lives. What is this inclusive of? Each of us is responsible and accountable for our choices in life regardless of what they are and the influence and impact they have on others. Not one of us is perfect or above the laws of the land inclusive of our politicians. A pivotal time in American history happened in the early ’60s. When God was removed from our educational system, (i.e. Bible readings and prayer) our culture, our society started on a downhill spiral and has continued ever since. This was a choice made by individuals, a handful of citizens, and politicians in this country and became law for everyone in our society to live by. How does that happen? Where are the values and standards that our country was founded upon, built upon, and that our citizens used to live by? The character used to matter to people but not now. Integrity used to matter. Kindness used to matter. A person’s word used to matter. Loving God, our creator, used to matter. Loving your neighbor as yourself used to matter. Thou shalt not kill used to matter. Thou shalt not steal used to matter. The list of “used to matter” seems to have gotten lost somewhere. We have multiple thousands of immigrants flocking to this country because they are presently being sold a bill of goods by our government. There is NO American dream. As a matter of fact, if our citizens don’t stand up now these immigrants are going to find that this country is no different from where and what they fled from being socialism, marxism, fascism, communism, or how about a new one on the list Wokism? This country has become so divided, sliced up. I’ve lived 60 years as an adult in this country and don’t remember this country being in the condition it is presently, because of the political environment in Washington DC. How does a President of the United States of America get to a place where he just announces that the next appointee to the Supreme Court of the United States must be of the female gender and a member of the black race? Those are the top two qualities that this person must possess? Is this not racist? Divisive? It would be no different if he had said his choice will be a female and belong to the caucasian race! America, wake up! The direction this country is headed in beginning in our academic institutions and with our children is NOT POSITIVE!

Myrna Wade
Myrna Wade
2 years ago

This will be interesting. If even one democrat with standards which most of the nation respects has to vote no because the selection was made on such a narrow basis, this seat will not be filled. It seems like all the administration has to do is back up and “consider” all the best judges.

Mike B.
Mike B.
2 years ago

This President, and I say that lightly, has stepped in it again . You think he would be tired of cleaning his shoes. How about an Asian, American Indian, Hispanic ? The list is long. Whether Democratic, or Republican, the individual chosen should abide by the Constitution. Another blunder . . . not a shocker.

Jeanne
Jeanne
2 years ago

Another blunder. Biden is batting a thousand.

Steve W
Steve W
2 years ago

Once again, the Democrats have marginalized Black American Men.

C M
C M
2 years ago

If Biden wants to make sure “all demographics are represented” — then she should nominate a Native American. We already have a black and three women on the SCOTUS.

BAE
BAE
2 years ago

Motor mouth Joe. What a fool we have for a president. Woke, Joke, JOE !!!!!!!!!!!!!!!!!!!

Smili'in Jack
Smili'in Jack
2 years ago

Biden has hoof and mouth disease. If there ever were a horse’s ass masquerading as a human, it’s Joe Biden.

Andrew P
Andrew P
2 years ago

Remember what Obozo said about “never underestimating Biden’s ability to f**k things up”. I expect Biden to nominate a real radical who won’t get any Republican votes and could lose Manchin. He won’t take the hints from Clyburn and Graham. Breyer may have no choice but to stay on for a few more years.

gbanks
gbanks
2 years ago

I feel like articles like these ignore the elephant in the room. Joe Biden is acting like an in our face dictator who does whatever he wants regardless of legality, what the voters think, or what is morally or ethically right or good for the country. He blatantly does the opposite of what is good for the country on everything, and the whole country is letting him get away with it. His insults on America have to be on purpose.

Centurion
Centurion
2 years ago

What would really be great is if Breyer’s seat remains vacant until Trump can be re-elected. I know there would be a lot of 4-4 ties, but there would also be enormous pressure on the court to render decisions and not ties.

Luke
Luke
2 years ago

“. . .assuming Republicans are united in opposition. . .”

When pigs fly.

The Republican party is dead. It died when it refused to support a duly elected, republican president against FOUR YEARS and $40MILLION of Russian collusion hoax. It died when it refused to reprimand Nancy Pelosi for acting like a petulant, disrespectful, spoiled sorority girl. It died when it did not pursue legal action against Clinton for her criminal activity and incompetence over the Benghazi deaths. And now, they’ll be scared to vote against a black female for fear of being called ‘racist’. They don’t respect taxpayers any more than democrats or progressives. The Republican Party is useless as tits on a boar hog.

Prove me wrong – I’d welcome it.

don heer
don heer
2 years ago

BIDEN is not the most knowable person he is behind CARTER as a pres

KenJack
KenJack
2 years ago

I know you are making a point, but I hope we’re not suggesting that Obama sould be a candidate. If he’s nominated we need to fight tooth and nail to prevent his being installed on the SCOTUS.

CYNTHIA
CYNTHIA
2 years ago

Hey! Wait a minute!!! Isn’t that how this fake president picked this horrible VP? Oh god, spare us!!! Only Trump undo the horrific damage Biden has done and still doing under his tyrannical abuse of power to Americans and our country! a COMPLETE FAILURE LIKE WE WARNED THE PEOPLE! OH, BUT THEY HATED HIS TWEETS! BUT NO ONE LOST ANY FREEDOM, BUSINESSES OR THEIR SAFETY!!!
YOU WANT ANOTHER 4 YRS OF THIS? THE LEFT WILL MAKE THE LAST FREE COUNTRY INTO A SOCIALIST COUNTRY! WE COULD AFFORD GAS AND FOOD AS THE SHELVES WERE STOCKED!

VOTE RED AND SAVE AMERICA!

Adonis
Adonis
2 years ago

To Biden’s defense, he has never been accused of being brilliant, smart, or even of average IQ.
He has always been considered dumb as a rock, and this is another proof.

Peter Godsoe
Peter Godsoe
2 years ago

We must not forget republican senator Susan Collins from Maine. She is a likely yes vote, despite the FUBAR Biden nomination approach, if the candidate seems qualified.

James P.
James P.
2 years ago

President Barack Obama hit the nail on the head when, during one of his few deadly accurate statements, said, “Don’t underestimate Joe’s ability to f…………!”

BwaHa
BwaHa
2 years ago

I have never been a fan of biden and I sure as all get out am not one now. Here’s hoping this whole nightmare will end real soon.

MAGA2024! TRUMP2024!
FJB! LET’S GO BRANDON!

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