Dirk the Daring
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- Apr 5, 2009
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You are wrong. First off, Brown-Jackson was more qualified than the people Trump put on the court. But what Biden did see was that there had never been a black woman appointed to a court that had only saw white men as qualified to determine laws. This is a bit of historic amnesia that the right aways exemplifies in these kinds of discussions.
Speaking of amnesia, Biden himself was partially responsible for the fact that no black woman had been appointed to the Supreme Court.
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.