In January, United States Supreme Court Justice Stephen Breyer announced his pending retirement. Nominating a replacement for SCOTUS judges who pass away or retire is an important presidential responsibility in the United States.

That responsibility now belongs to Joe Biden. One would imagine, despite the extreme level of importance, this would be something Joe Biden probably couldn’t screw up too terribly. However, like everything else he’s touched since assuming office, he has.

Biden’s failure on this significant presidential responsibility began during the 2020 presidential campaign. To entice voters of color, Biden proclaimed that if he became president, he’d appoint the first female black jurist to the “highest court in the land”.

That was his first mistake. If one became available, Biden could insist that he would entertain all qualified judges of color for an open SCOTUS seat. He did not. In a progressive attempt to sway the minds of minority voters, Biden made a boneheaded proclamation.

After he cheated his way into the White House, there was no escape from his proclamation. Joe Biden had backed himself into an uncomfortable corner. Nevertheless, if he had any common sense, and that becomes more and more doubtful every day, he’d have softened his stance.

He did not. But Biden has stuck to his promise to discriminate against 94 percent of America’s qualified judges. Joe Biden narrowed his search to replace Justice Breyer to not only women, but only women whose skin is a particular color.

The whole idea stinks of racial discrimination. There may well be a justifiable and highly qualified female African American judge perfectly capable of filling the SCOTUS vacancy. However, excluding 94 percent of the US population for a job is clearly discriminatory.

Biden, beholden to the radically progressive side of the Democrat Party, screams for diversity. However, in appointing a person to fill a seat on the most important court in the world, Joe Biden is denying thousands of highly qualified judges’ fair and equitable consideration.

It’s not only a bad mistake, it’s a bad look. Texas Senator Ted Cruz summed it up by saying, “What the president said is that only African American women are eligible for this slot, that 94 percent of Americans are ineligible.”

Cruz continued, “The way Biden ought to do it is to say, ‘I’m going to look for the best justice,’ interview a lot of people, and if he happens to nominate a justice who was an African American woman, then great.” But that’s not what Joe Biden did. He couldn’t do anything else.

Biden backed himself into a corner in order to appease the radically liberal wing of his party. There was no way out. Of course, all the liberal parrots in the mainstream media are celebrating Biden’s decision to nominate Ketanji Brown-Jackson with uncontrollable euphoria.

These head-buried in the sand ostriches can’t see the hypocrisy of this hypocritically discriminatory decision. No one is denouncing Ketanji Brown-Jackson as unworthy of being considered. She may well warrant strong consideration as a jurist on the Supreme Court.

Telling 94 percent of the judicial system not to bother applying, on the other hand, is reverse discrimination. It’s another terrible presidential decision. Joe Biden couldn’t even get this important job right. It’s another Biden failure. Nevertheless, at least Joe Biden is consistent.


Daniel is a conservative syndicated opinion writer and amateur theologian. He writes about topics of politics, culture, freedom, and faith.

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