Joe Biden presidency will bring disaster for the Supreme Court
If given the opportunity, Joe Biden would appoint liberal activist judges to the Supreme Court, securing left wing dominance over the third branch of government for decades. Such a distinction is not merely political.
Originalists such as Justice Clarence Thomas assist the Supreme Court to fulfill its core purpose of interpreting the Constitution and then applying its understanding of the intent of the founders to contemporary debates. But judicial activists such as Justice Ruth Bader Ginsberg bend and twist the Constitution to suit ideological agendas, handing the only unelected branch of government a dangerous amount of power for change.
The former vice president would no doubt seek to build upon the legacy of President Obama, who added liberal extremists such as Justice Sonia Sotomayor and Justice Elena Kagan to the Supreme Court. Obama also nominated California Supreme Court Justice Goodwin Liu to the critical Ninth Circuit Court of Appeals, despite support shown by Liu for radical views such as a right to receive welfare. Liu was even rumored to be on the shortlist of judges for Obama to select for the Supreme Court.
Sotomayor once declared that a wise Latina could be more likely to reach a better legal conclusion than a white man, arguing that “experience and heritage” should play an influential role in decisions by judges. If elected president, there is no doubt that Biden would apply that same reasoning that led Obama to select Sotomayor. Biden has already pledged that he will use race and gender as determining factors in his choice, promising to choose a Black woman for his first Supreme Court nomination.
Ginsburg, who has attained cult hero status on the far left in recent years, would serve as another model for Biden to follow when making his pivotal decision for Supreme Court nominations. Ginsburg famously claimed that the South African Constitution would serve as a better model for a newly democratic country to follow than the United States Constitution.
Progressive activists see Biden as an opportunity to secure the Supreme Court for the left over the next several decades. Some have even floated the idea of expanding the number of Supreme Court justices to “pack” it with liberals the next time a Democrat wins the White House. Biden has rejected that idea, but the enthusiasm it has from progressive activists says plenty about what the left wing of the party wants from him.
Liberal organizations have seized upon the promise of Biden to appoint a Black woman to the Supreme Court, urging him to consider someone like Leslie Abrams, the sister of Stacey Abrams, or liberal academic Michelle Alexander, who compared the nation of Israel to apartheid South Africa. Though Biden himself has not yet released his own shortlist of potential nominees, progressive activists who would wield immense power in his potential administration are already narrowing down the names.
We cannot afford to give Biden the opportunity to appoint new Supreme Court justices. With so many important cases decided along such narrow political lines, and with the “conservative majority” becoming increasingly fragile as Chief Justice John Roberts continues to drift leftward, the way to prevent a liberal takeover of the highest court in the land is to ensure that the next few vacancies are filled by reliably conservative judges.
President Trump has spent almost four years nominating record numbers of judges to the federal bench. The Senate recently confirmed his 200th appointment to the judiciary. That includes two Supreme Court justices and numerous lower court jurists such as Fifth Circuit Court Judge Don Willett, who Trump added on his shortlist for the Supreme Court. These appointments instill a greater degree of confidence that Trump will keep pushing the third branch in the direction of originalism while he remains in office. Even if Biden is president for only one term, however, he could cement liberal control over the Supreme Court for generations.
Jenna Ellis is a constitutional law attorney and the senior legal adviser with the 2020 campaign of Donald Trump. She is the author of “The Legal Basis for a Moral Constitution.” You can find her updates online @JennaEllisEsq.
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