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Remembering the Black Woman Biden Blocked from the Supreme Court
President Biden wants credit for nominating the first Black woman to the Supreme Court. But here is the shameful irony: As a senator, Biden warned President George W. Bush that if he nominated the first Black woman to serve on the Supreme Court, he would filibuster and kill her nomination.
The story begins in 2003, when Bush nominated Judge Janice Rogers Brown to serve on the US Court of Appeals for the District of Columbia Circuit. The D.C. Circuit is considered the country’s second-most important court, and has produced more Supreme Court justices than any other federal court. Brown was immediately hailed as a potential Supreme Court nominee. She was highly qualified, having served for seven years as an associate justice of the California Supreme Court — the first Black woman to do so. She was the daughter and granddaughter of sharecroppers, and grew up in rural Alabama during the dark days of segregation, when her family refused to enter restaurants or theaters with separate entrances for Black customers. She rose from poverty and put herself through college and UCLA law school as a working single mother. She was a self-made African American legal star. But she was an outspoken conservative — so Biden set out to destroy her.
Biden and his fellow Democrats filibustered her nomination, along with several other Bush circuit court nominees, all of whom had majority support in the Senate. Columnist Robert Novak called it “the first full-scale effort in American history to prevent a president from picking the federal judges he wants.” Democrats argued that she was out of the legal mainstream, but Republicans responded that she had written more majority opinions than any other justice on the California Supreme Court — and she was reelected with 76 percent of the vote, the highest percentage of all the justices on the ballot.
When Democrats derailed her nomination, Bush renominated her in 2005. Brown was eventually confirmed by a vote of 56 to 43 — after Democrats released her and several other Bush nominees in exchange for Republican agreement not to eliminate the filibuster for judicial nominations. Biden voted a second time against her nomination. He never explained why, if Brown was so radical, Democrats let her through but killed 10 other Bush nominees.
The following month, when Justice Sandra Day O’Connor announced her retirement, Brown was on Bush’s shortlist to replace her. She would have been the first Black woman ever nominated to serve as an associate justice of the Supreme Court. But Biden appeared on CBS’s “Face the Nation” to warn that if Bush nominated Brown, she would face a filibuster. “I can assure you that would be a very, very, very difficult fight and she probably would be filibustered,” Biden said. Asked by moderator John Roberts “Wasn’t she just confirmed?,” Biden replied that the Supreme Court is a “totally different ballgame” because “a circuit court judge is bound by stare decisis. They don’t get to make new law.”
What Biden threatened was unprecedented. There has never been a successful filibuster of a nominee for associate justice in the history of the republic. Biden wanted to make a Black woman the first in history to have her nomination killed by filibuster. Bush eventually nominated Samuel A. Alito Jr.
Today, Biden calls the filibuster a “relic of the Jim Crow era.” But he threatened to use that relic as a tool to keep a Black woman who actually lived under Jim Crow off the highest court in the land. The irony is that now he wants to get rid of the filibuster, and claim credit for putting the first Black woman on the court.
https://www.aei.org/op-eds/remembering-the-black-woman-biden-blocked-from-the-supreme-court/
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They are picking the wrong guy to tangle with.
Right on cue Dems that are afraid of Crux chime in. Is Biden a racist?
What's this about a burning school bus with children inside?