Biden has unwisely limited his options by preemptively declaring during the 2020 campaign that his first Supreme Court nominee would be a black woman. In a stroke, he disqualified dozens of liberal and progressive jurists for no reason other than their race and gender. This is not a great start in selecting someone sworn to provide equal justice under law.
Unlike Donald Trump, Biden did not run on a named list of potential candidates, so he will then have to sell his nominee to the public. That nominee is almost certain to be a progressive who treats the written Constitution with contempt. Even if Democrats remain united enough to provide the votes to confirm such a nominee, Republicans should extract a political cost in the midterm Senate races for doing so. The last three cycles of Senate elections have shown that fidelity to the Constitution is a winning political issue for Senate Republicans. . . .
But on the Court, Breyer became a single-minded crusader to use every available argument to hobble capital punishment, no matter how disconnected those arguments were from the text and history of the Constitution. He was a reliable and invariable vote for abortion, same-sex marriage, and other liberal and progressive social causes. In recent years, he became progressively more shrill on matters relating to the Covid pandemic.
So, let us have another national argument about whether the Supreme Court should follow the written Constitution or not. There is no reason to shy away from the fight.
Please share your prayers about Justice Breyer’s retirement!
(Excerpt from National Review. Photo credit: Getty Images.)