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Biden’s Radical Judges

Posted on Wednesday, February 15, 2023
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by AMAC, Robert B. Charles
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Judges

Watch the flank! Sometimes an assault on vital interests and values does not come head-on, but from an angle, on the flank. We just saw the Chinese slip a balloon across the continent, figurative knife between the ribs. Domestically, the judiciary is a flank – but it matters. Biden and Democrat Senate are loading the federal judiciary with leftists, and it matters.

In the first year of his White House, Biden got the largest number of Article III federal judges confirmed of any president since Ronald Reagan. The difference is that many of Biden’s nominees aspire to concentration of federal power.

Broadly speaking, they tend to tip against traditional understandings and caselaw tied to unfettered speech, free exercise of religion, gun ownership, traditional understandings of family, parental prerogatives, due process, equal protection, and the 4th, 5th, and 6th amendments.

His recent nominees are often openly pro-abortion, no apologies for opposing Dobbs, happy to be activists – as they think that is what courts are for, correcting errors of the Founders, Congress, strict constructionists, textualists, and those who dare to think words have meaning.

While Trump got 234 federal judges appointed, that was playing catchup after Obama’s 329 judicial confirmations. Now, continuing the leftist attack on our judiciary, Biden has pressed increasingly radical judges – and one radical justice – to the federal bench.

When a Supreme Court nominee considers is controversial to publicly define a women, simply declines to do so, something is wildly wrong with the process. Imagine Justices Sandra Day O’Connor (appointed by Reagan) or Ruth Bader Ginsburg (appointed by Clinton) not knowing what a women is. 

Indeed, I think one can say – for very different reasons, but with a basic understanding of and respect for biology – O’Connor, Ginsburg, Reagan and Clinton ALL knew the difference between men and women.

Now comes the latest rash of leftist nominees. After Biden nominated 98 Article III judges in his first two years, 51 still awaiting confirmation, his left-lurching party now controls the Senate, which is in charge of judicial confirmations.

Beyond this, we face 10 vacancies on federal circuit courts – a bench that manages all federal appeals short of the Supreme Court, plus 75 US district court vacancies. An added 27 federal judicial vacancies will arise before end of Biden’s term (four appeals, 23 district).

The part that causes a shiver is not these numbers, but the under- and un-qualified nature of those being nominated to important judgeships. As one observer noted, this seems to be Biden’s means for “paying back the left-wing dark money groups who spent over a billion dollars to help elect him.” He will get the Democrat-controlled Senate to sweep a raft of leftists onto the courts.

Can he really do that? Yes and no. On the one hand, another collection of unabashed leftists is about to be swept into available openings, likely soon confirmed by the Democrat Senate, most with a rich history of working with and for leftist causes.

These include nominees proud to have worked on left-leaning cases that pushed pro-abortion, anti-gun, anti-free speech, and anti-conservative causes and cases. They include those who championed radical positions advanced by Planned Parenthood, gun control groups, and those working to punish free speech and worship.

Last week two dozen nominees got through the Senate Judiciary Committee, headed for floor votes. Among those to watch are judges like Julie Rikelman, who was the “litigation director” for the “Center for Reproductive Rights,” headed for the First Circuit Court of Appeals. She literally litigated against Dobbs, and lost.

Another to watch is Nancy Abudu, who was a litigation director for the Southern Poverty Law Center – after time with the ACLU. She is destined for the 11th Cir. Court of Appeals.  

Even the typically quieter Republican National Lawyers Association spoke against her which wrote that, “Her views goes beyond…even progressive activists, and we see no reason to believe that she will be an impartial judge on the hot button’ issue of election law.”

A reality check will lower the blood pressure a bit, as these judges will not – in one fell swoop – tip the balance of these circuits, but the idea that judges who are unable to be impartial on such a basic issue as “election law” are being nominated – and confirmed – is worrisome.

In the end, the core question is – what can be done, in an age of polarized, often strangely off-the-mark thinking – to protect the federal bench from becoming, over time, radicalized? 

The answer is a few important things. First, level-headed Senators can put holds on some of these nominees, tabling them for a time, if not indefinitely. This will also send a signal. For votes needed to tip the Senate balance, possibly on fossil fuels, law enforcement, support for Ukraine, and illegal immigration limitation – the point can be made to centrists like Joe Manchin: Radicals must be kept off the federal bench.

In the event that radical appointees violate ethical norms on the bench, impeachments can be initiated, driving home the point that political activism is disallowed for federal judges.

Additionally, hard-hitting hearings of nominees should be the norm, with radical, non-judicial behaviors, statements, and past actions forcing Senate Democrats to tough decisions. While accountability is hard, the effort is worthy – and even some Democrats may balk.

Last, all Americans need to think harder about the flanks. As the Communist Chinese continue testing our national security, the radical left tests our commitment to individual liberty. Good judges are “judicial” in temperament, not activist, not partisan, not political. Watch the flank!

Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.

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Abe Lincoln
Abe Lincoln
1 year ago

Our great country being hurt by Marxist Democrats!

Oliver Davidson
Oliver Davidson
1 year ago

RUSH was right,just look at them you know they are Democrats’

Howard
Howard
1 year ago

I do not have any faith in Joe Manchin’s being a buffer against all the leftist idiotic agenda. He will cave when confronted by Biden and all the rat infested Democrat members who call themselves senators. West Virginia needs to retire him.

Kim
Kim
1 year ago

When checking the “diversity” of biden’s appointments, I also found a Wikipedia post listing controversies regarding his candidates’ backgrounds.

Many have been rejected because of extreme radical leanings, while many were approved. One had several traffic violations and repeatedly failed to appear in court. One vocally opposed the 2nd Amendment. One tweeted that Supreme Court Justice Kavanaugh’s appointment would cause people to die. A few represented abortion clinics over a period of time. Several fought election integrity, religious freedom, and other rights guaranteed in the Bill of Rights. Some support felons being able to vote. Some tweeted comments critical of Republicans. One represented labor unions for a time and argued against workplace protections of sexual harassment. And those are just the few I bothered to read about.

These social justice warriors were chosen to push their biases and extreme ideologies on the public rather than represent a fair and consistent support for rule of law and Constitutional principles. Around 100 judges at various federal levels have been appointed so far. 75% are women, 67% are people of color, and 47% are women of color. So much for a colorblind application of the law, considering the fact that many candidates have spent their careers “making up for lost time”.

If I ever go in front of a judge, all I would want is a fair trial regardless of racial breakdown in the room. But I’m white, so in today’s parlance, it seems, that’s strike one.

phoenix
phoenix
1 year ago

Leftist judges are a clear and present danger to the republic, and McConnell et. al are playing their part wholeheartedly in making sure thee are as many as possible.

Its one party and ONE goal.

Dan W.
Dan W.
1 year ago

We did extremely well appointing judges during the Trump administration including three Supreme Court Justices who have and will continue to change the Court’s direction for the next couple of decades. Biden has appointed one Supreme Court Justice with no effect on the balance of the Court.

I’d say that we came out way ahead when comparing the results of Trump’s and Biden’s judicial appointments.

johnh
johnh
1 year ago

I suspect our Founding Fathers are rolling over in their grave at this time: These founders created three branches of government (Executive, Legislative, Judicial) so that this Republic would represent & protect all Americans from party controlling us like a king. Now this article insinuates that whomever appoints the judges controls the outcome? Why did this happen in +200 years & why do we voters allow it to happen?

David Millikan
David Millikan
1 year ago

One loser after another. Each one of DICTATOR Beijing biden’s nominees WILL play politics from the bench and NOT follow the U.S. Constitution or the law.
Does Nancy Abudu know what a woman is? Is she aware that she is a black woman? Or will she say that she can’t define the definition of a woman or a black woman?
Either way, she WILL NOT uphold the Oath of Office just like vast majority of the democrats appointed as Judges.
Except barely a hand full of democrat Judges that follow the U.S. Constitution and the law. And I thank them for it.
Fortunately though, we have a lot of Judges appointed by PRESIDENT TRUMP that DO follow the U.S. Constitution and the law.

Spitfire?1940
Spitfire?1940
1 year ago

In 1789 Thomas Jefferson warned that the judiciary if given too much power might ruin our REPUBLIC, and destroy our RIGHTS! “Judges should be withdrawn from the bench whose erroneous biases are leading us to dissolution.It may , indeed, injure them in fame or fortune; but it saves the Republic”.

Wesley
Wesley
1 year ago

Biden and the uniparty are packing the lower courts to make it impossible for the Supreme Court to regulate the extreme laws that the lower courts are going to use to dismantle our freedoms one county then one state at a time

Paul Ruebenacker
Paul Ruebenacker
1 year ago

Thank you for this depressing information. I agree that all in our power needs to be done to jettison these nominations.

John
John
1 year ago

Some of us that where taught history had learned that the great countries of the past where destroyed from within by academics pandering to the ignorant that didn’t know or care about the country they lived in.

Centurion
Centurion
1 year ago

Why are there so many judicial seats empty? From the article it seems there are over 300 appointments to be made every year. How and why does that happen? Is there no stability?

Rich
Rich
1 year ago

Whew! The corruption is overwhelming. The entire U.S. government is the swamp. Pretty hard to clean that out with man’s abilities. Time for God to intervene! Pray, people. Pray hard.

Arleen Blackstone
Arleen Blackstone
1 year ago

How long, oh Lord, will this evil be allowed to persist? It’s a runaway freight train with no brakes!! And the freight is TOXIC!!

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