Dissing Breyer

The left has treated Justice Stephen Breyer terribly.  Progressive "dark money" groups have barraged him with messages to resign so that a much younger, far-left justice can take his seat for the next 40 years. 

And Breyer was reportedly surprised and disappointed that his plans to retire this summer were leaked to the media.  Did the White House leak it to change the narrative from all the bad news about COVID and inflation?  Probably.

As of now, the only thing we know is that by the end of February Biden will nominate a black woman.  He promised to do so in 2020 during the South Carolina Democrat primary, a promise that many believe secured his nomination.

Ironically, it is against federal law to begin a job search by announcing that only people of a certain race will be considered and that all people of other races will be rejected. 

The Supreme Court itself has been clear on that matter.  As Justice Lewis Powell wrote in the 1978 Bakke case, "Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake.  This the Constitution forbids."

In fact, the high court just announced that it will hear a major case on so-called "affirmative action" in university admission policies. 

And why a black woman?  There have already been two black justices.  There have already been five female justices.  No word yet as to whether a black man transitioning to a black woman will be eligible.  (Yes, that is a joke. . . I think.) 

There has only been one Hispanic justice, and we have not had an Asian justice or a Native American justice ever.  So, if race is the most important qualification, Biden risks seriously offending Native Americans, Hispanic Americans and Asian Americans.

No wonder the left wants to expand the Supreme Court.  They'll have to if they are going to give out seats based on race.

But when it comes to a lifetime appointment on the Supreme Court, I suspect most Americans believe that merit, qualifications and judicial philosophy are far more important.