(Video: Fox News)
President Joe Biden’s determination to make history by tapping the first black woman to the Supreme Court may be rooted in something far more cynical than the triumph of diversity that Democrats are touting it as and may be based on a much more cynical calculus.
With retiring Justice Stephen Breyer being all but shoved out the door by the White House, Biden confirmed that it was his intent to make history with his SCOTUS pick, fulfilling a campaign pledge to base his decision on race and gender, potentially eliminating more qualified jurists who are being discriminated against because of their skin color, an idea that doesn’t sit well with many Americans.
But the upcoming pick could be more about politics and Biden’s past actions in opposing the advancement of a black woman to the D.C. circuit court of appeals when he joined his fellow Senate Democrats in the filibustering of then-President George W. Bush’s nomination of Janice Rogers Brown would seem to suggest that his own choice is based more on energizing the party’s demoralized base in an election year than liberal idealism.
Dana Perino of Fox News took viewers back to the past on Monday’s edition of “The Five” when the former member of Bush’s administration recalled Biden and the Democrats’ double standards when it comes to black females on the nation’s highest court, a position that could have been on the career path of Rogers Brown, potentially allowing the nation’s 43rd president to make history.
“I would also just like to take a quick trip down memory lane,” Perino said, “if Democrats really wanted to see a black woman elevated to the Supreme Court, why did they block Janice Rogers Brown back during the Bush administration?”
“I will never forget it because anonymously they told the papers,” she continued, noting that back in 2003, the newspapers were still the dominant form of media, “that it was because they didn’t want the Republicans to have a shot at nominating the first woman, black woman to the Supreme Court, and Janice Rogers Brown would have been an incredible circuit court judge and a Supreme Court justice and she didn’t get the chance.”
At the time of her nomination, Rogers Brown who grew up in segregated Alabama was a justice on California’s Supreme Court but Democrats who were determined to everything that they could to undermine Bush dragged out the process for two years with current Senate Majority Leader Chuck Schumer joining Biden in using the filibuster, a legislative tactic that he is now on record as opposing.
During Biden’s speech opposing the nomination, he “gave a verbal nod to then-Sen. Robert Byrd, D-W.V. – a prolific filibusterer – and said the vote on the jurist’s nomination would be “the single-most significant vote any one of us will cast in my 32 years in the Senate,” according to Fox News.
Senator Byrd was notoriously a member of the racist Ku Klux Klan, rising to the position of Exalted Cyclops, something that he later expressed regret over but it left a stain on his legacy, that Biden would specifically salute him in opposing Rogers Brown was a curious choice.
Others also brought up Biden’s resistance to Rogers Brown including his participation with his leftist Senate colleagues in using the filibuster which he has condemned as an oppressive relic of the Jim Crow era to sink her nomination.
Republican Senator John Hawley tweeted, “If he wants to unite the country, Biden should nominate Janice Rogers Brown. Committed constitutionalist who is also an African-American woman. Sadly, Biden personally filibustered her historic nomination to DC Circuit twice when he was in Senate. Now is the time to make amends.”
If he wants to unite the country, Biden should nominate Janice Rogers Brown. Committed constitutionalist who is also an African-American woman. Sadly, Biden personally filibustered her historic nomination to DC Circuit twice when he was in Senate. Now is the time to make amends
— Josh Hawley (@HawleyMO) January 28, 2022
Pulitzer Prize winning investigative journalist Glenn Greenwald also weighted in, “Similar to how anyone voting against Biden’s Court nominee will be instantly declared racist even though Biden voted against the last Black nominee to the Court, and twice filibustered a qualified Black woman, Janice Rogers Brown, to the appellate court.”
“Totally different,” he added.
Similar to how anyone voting against Biden’s Court nominee will be instantly declared racist even though Biden voted against the last Black nominee to the Court, and twice filibustered a qualified Black woman, Janice Rogers Brown, to the appellate court.
Totally different. pic.twitter.com/B5VYVWN2rp
— Glenn Greenwald (@ggreenwald) January 28, 2022
Additional Twitter commentary on Biden’s shifting position.
Remember when Joe Biden used the "Jim Crow" filibuster for two years to try to stop the nomination of a black woman to a federal court (which helped ensure she would never make it to the Supreme Court). #JaniceRogersBrown
— Tom Fitton (@TomFitton) January 30, 2022
The disparity in treatment given to Biden’s imminent black female choice and Rogers Brown is just one more example of the brazen hypocrisy of Democrats.
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