Biden, who was then a senator, opposed, and then filibustered, the nomination of Janice Rogers Brown in 2003 and 2005, and it was called out by Laura Ingraham on her Fox News show. Writes Carmine Sabia
Hypocrite in chief, President Joe Biden has vowed that he will pick a black woman for the Supreme Court vacancy left by the retirement of Justice Stephen Breyer, but he has his own history of hypocrisy in this arena.
Biden, who was then a senator, opposed, and then filibustered, the nomination of Janice Rogers Brown in 2003 and 2005, and it was called out by Laura Ingraham on her Fox News show.
It is also important to note that it was not only Biden’s hypocrisy on nominating a black woman, but his hypocrisy on using the filibuster, that got the attention of Ingraham and others.
“Race and gender, they only count if you’re thought to be a committed judicial activist, judicial leftist,” the host said.
“I’m thinking back on the nomination of what would’ve been another first, which is the nomination of Janice Rogers Brown. And she was filibustered by none other than Joe Biden. So, this idea of appointing a black woman to the judiciary, he voted three times against confirming her just to be a U.S. circuit judge. I mean, this wasn’t even to the Supreme Court. So, race and gender, they only count if you’re thought to be a committed judicial activist, judicial leftist,” she said.
Then-President George W. Bush had nominated Brown both times for the U.S. Court of Appeals for the D.C. Circuit, but many Democrats tried to block her from the position for her perceived libertarian views.
Brown was born to Alabama sharecroppers and grew up in the segregated South. During her college years, Brown was a single mother with views so left-wing that she later said they were almost Maoist.
Her views grew decidedly more conservative over the years, and she has defended using electric stun guns on criminals who act inappropriately in courtrooms. Brown also wrote opinions that opposed affirmative action and supported a state law that required girls younger than 18 to notify their parents before getting an abortion.
Sounds like a Constitutionalist and a fantastic pick for the Supreme Court, but the chances of Biden picking her are somewhere in between no chance and never.
And it was not only Biden, but his former boss, President Obama, who was then a senator, who opposed the honorable Judge Brown.
“The test of a qualified judicial nominee is also not whether that person has their own political views. Every jurist surely does. The test is whether he or she can effectively subordinate their views in order to decide each case on the facts and the merits alone. That is what keeps our judiciary independent in America. That is what our Founders intended,” he said in 2005.
“Unfortunately, as has been stated repeatedly on this floor, in almost every legal decision that she has made and every political speech that she has given, Justice Brown has shown she is not simply a judge with very strong
political views, she is a political activist who happens to be a judge,” he said.
Last week President Biden reaffirmed his pledge to nominate a black woman as the next Supreme Court Justice.
“I’ve made no decision except one: The person I will nominate will be someone with extraordinary qualifications, character experience and integrity,” the president said. “And that person will be the first Black woman ever nominated to the United States Supreme Court. It’s long overdue in my view. I made that commitment during my campaign for president, and I will keep that commitment.”
“I will listen carefully to all the advice I’m given, and I’ll study the records and former cases carefully,” he said. “I’ll meet with the potential nominees, and it is my intention — my intention — to announce my decision before the end of February. I have made no choice at this point.
“Once I select a nominee, I will ask the Senate to move promptly on my choice,” he said. “In the end, I will nominate a historic candidate, someone who’s worthy of Justice Breyer’s legacy.”