Can Biden Pick Black 2 Replace Breyer, Avoid Tribal War?

President Biden boxed himself into SCOTUS corner by promising leftists to replace retiring Justice Breyer based on identity politics & WSJ is right to warn of damage that’d be done to High Court if his black female nominee is an ideologue like NAACP’s Defund Police Delilah.

To be sure & as the editors note, there are many good black jurists Mr. Biden could choose to carry on Breyer’s “pragmatic liberal” legacy, in which he at least believed “in the promise of the Constitution & incremental social improvement.” The DC Circuit’s Ketanji Brown Jackson, Ca. Supreme Court Justice Leondra Kruger, US Dist. Judge Julianna Michelle Childs & Judge Candace Rae Jackson-Akiwumi are among those mentioned. At least, some Republicans would likely back their nomination. Yet, God help us & the Court if someone like the NAACP’s lawyer Sherrilyn Ifil, who’s being pushed despite having advocated for the “defund the police” movement, gets the nod. Or, don’t laugh, Biden’s giggling VP, “Transform America Into Bernie Sanders’ Image,” Harris. As Fox’s Tucker Carlson noted, such a candidate would make for yet another “tribal war” during the Senate’s confirmation hearings, in which even one, two or more Dems might not support her. How could West Va’s Manchin, for instance, vote to confirm Ifil, even if it’s THE vote needed to reach a 50-50 split in the Senate (so VP Harris could cast a tie-breaker vote)?

Mr. Biden says he'll announce his choice by the end of February. The Supreme Court doesn’t’ need yet another confirmation hearing that devolves into a circus. Not that the GOP would ever drum up fake sexual scandals or trash the Pope to get their way as the Dems did under President Trump. But, only a jurist with a proven history of common sense will help build rather than hurt confidence in the High Court. It’s not asking too much.

Davd Soul