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Why GOP senators must reject Biden's 'diversity hire' Supreme Court justice nominee
American Thinker ^ | 02/03/2022 | Rajan Laad

Posted on 02/03/2022 9:18:15 AM PST by SeekAndFind

Last week, Joe Biden declared that he intends to nominate "the first Black woman ever nominated to the United States Supreme Court."

Biden had reportedly promised House majority whip Jim Clyburn during the 2020 campaign that he would nominate a Black woman to the Supreme Court.

So what does one make of this declaration?

It is a grave affront to any candidate for any position to be openly declared as "diversity" hire because it means that the primary criteria for her selection are genetics and not merit.

Besides being anachronistic, Biden's public declaration is an insult to the nominee.  History will always recognize her as one who secured the position because of her race and sex, which are an accident of nature, and not because of her record, which is product of her work.

As Professor Dershowitz and others argue, Biden's racial and sex test for office is unconstitutional.  The 14th amendment of the U.S. Constitution states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The 19th Amendment to the Constitution states:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

In 1978, in the Regents of University of California v. Bakke case, the Supreme Court ruled that the use of racial "quotas" for its selection process is unconstitutional. 


(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: affirmativeaction; diversity; gop; scotus

1 posted on 02/03/2022 9:18:15 AM PST by SeekAndFind
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To: SeekAndFind

Flimsey Grahamnesty has voted for EVERY lunatic Senile joe has appointed.


2 posted on 02/03/2022 9:21:49 AM PST by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: SeekAndFind

Fat chance.


3 posted on 02/03/2022 9:23:19 AM PST by libertylover (Our BIGGEST problem, by far, is that most of the media is hate & agenda driven, not truth driven.)
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To: SeekAndFind

Its so obvious that Biden hasn’t a clue as to what he is doing. When he was a senator he threatened Bush with a filibuster to prevent a Black women from being nominated to the SCOTUS. I call him “Wedge”, the simplest tool known to man!


4 posted on 02/03/2022 9:24:21 AM PST by Don Corleone (leave the gun, take the canolis)
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To: Lurkinanloomin

Reagan and Trump both said they were going to appoint women.


5 posted on 02/03/2022 9:24:30 AM PST by semimojo
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To: SeekAndFind

Have no fear, a solid 10-15 will. Among them, the usual suspects Graham, Murkowski, Collins. More would vote but they think it would hurt them come election time.

What none of them realize is that the average American voter has the attention span of a gnat and isn’t willing to do any research about what their representatives have been doing in DC. Sadly. I guess it keeps the campaign consultants employed.


6 posted on 02/03/2022 9:25:16 AM PST by qaz123
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To: SeekAndFind

They should use procedures and debates to delay ANY Vote until February 2023!

*laughs*

That’ll crank Schumer’s panties


7 posted on 02/03/2022 9:25:18 AM PST by Samurai_Jack (This is not about hypocrisy, this is about hierarchy!)
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To: SeekAndFind

A nice effort but this is a waste of keystrokes. Romney and Graham can’t vote for left wing freaks fast enough.


8 posted on 02/03/2022 9:26:11 AM PST by Seruzawa ("The Political left is the Garden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: SeekAndFind
History will always recognize her as one who secured the position because of her race and sex, which are an accident of nature, and not because of her record, which is product of her work.

To us, as conservatives, this is a point that requires only an understanding of human nature to be rather obvious. But to the left race is a social construct and sex or gender is whatever one thinks it is that day. Therefore the argument that these are immutable characteristics goes by the wayside. Hence, the decision of Biden to select a black woman to the exclusion of other candidates is not exclusionary at all.

9 posted on 02/03/2022 9:27:15 AM PST by 17th Miss Regt
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To: Lurkinanloomin

He has.


10 posted on 02/03/2022 9:27:38 AM PST by tennmountainman ( Less Lindell CONS, More AZ Style Audits)
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To: SeekAndFind

The chances of getting more than a couple of GOP weasels to vote against a black female are nil. They’re terrified of the inevitable roasting they’ll get in the media for being “racist”.


11 posted on 02/03/2022 9:28:28 AM PST by GaryCrow
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To: SeekAndFind

I think it’s all about getting Kamala Harris out of the picture. She’ll be the nominee because the Democrats have to find someone to be vice-president who can replace Biden and energize the party before the mid-term elections.


12 posted on 02/03/2022 9:29:02 AM PST by PUGACHEV
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To: SeekAndFind

Please stop, this is a done deal
graham the hag romney and many others are voting yes


13 posted on 02/03/2022 9:32:52 AM PST by italianquaker
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To: SeekAndFind

Happens every day, a qualified person is not selected so that an affirmative action standard can be met. Government contracts of a certain size require it. Assume some States have their standards as well.

It’s racism to cure racism. I wonder what objective data says about these programs.

If candidate A is chosen because of affirmative action, what was the objective results that hire after a year? What about candidate B who did not meet affirmative action criteria? What burdens were placed on candidate B as a result of AA?


14 posted on 02/03/2022 9:43:25 AM PST by Made In The USA (Ellen Ate Dynamite Good Bye Ellen)
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To: SeekAndFind

Can’t the Republicans refuse to confirm ANY Biden appointment to the Supreme Court until after the Congressional election next November, when Republicans will be elected to control both Houses of Congress?


15 posted on 02/03/2022 9:59:40 AM PST by Savage Beast (Watch The Phenix City Story. The entire USA is Phenix City today!)
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To: SeekAndFind

“As Professor Dershowitz and others argue, Biden’s racial and sex test for office is unconstitutional.”

Nonsense. None of the restrictions for voting, privileges & immunities, etc, apply to the President’s unilateral choice of a Supreme Court nominee. He is free to choose based on any criteria he likes, with the only exception being that the Constitution does not allow a religious test.

That doesn’t mean that the criteria he chooses will be wise ones, or that the Senate shouldn’t oppose his choice if it is a foolish one.


16 posted on 02/03/2022 10:03:58 AM PST by Boogieman
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To: SeekAndFind

Fat chance that will happen.

They’re scared to death of the “R” word.


17 posted on 02/03/2022 10:22:37 AM PST by aquila48 (Do not let them make you "care" ! Guilting you is how they control you. )
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