At The American Spectator, David Catron lets America in on a secret. Joe Biden doesn’t actually want the GOP to like his nominee for the Supreme Court. In fact, suggests Catron, he will nominate a radical judge because it will give his base something to rally around. Catron writes:
The Democrats are facing a grim November if they can’t find some way to energize their increasingly disillusioned base. Consequently, they regard the retirement of Justice Stephen Breyer from the Supreme Court as a golden opportunity to rekindle enthusiasm among their voters. President Biden, having already committed to replacing Breyer with an affirmative action hire, is all but certain to nominate a far left radical in order to provoke a confirmation brawl with the GOP as the midterms approach. The Republicans, however, have little to gain by trading punches in such an altercation. They would be wiser to employ a “rope-a-dope” strategy.
Biden will come out swinging with a nomination from the “Demand Justice” shortlist of leftist nominees — probably D.C. Circuit Judge Ketanji Brown Jackson — and Senate Democrats will respond to the most innocuous questions with cries of “racism.” If the Republicans take the rope-a-dope route, the Democrats will fail to land a serious political punch, and the ideological balance of the Court will remain static. It will nonetheless require restraint to remain this passive, particularly if Biden does choose Jackson, whose record includes a 2019 ruling (later reversed) wherein she gratuitously attacked then-President Trump:
Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings.… Rather, in this land of liberty, it is indisputable that current and former employees of the White House work for the People of the United States, and that they take an oath to protect and defend the Constitution of the United States.… It is hard to imagine a more significant wound than such alleged interference with Congress’ ability to detect and deter abuses of power within the Executive branch for the protection of the People of the United States.
It will be difficult indeed for Republican members of the Senate Judiciary Committee such as Sen. John Kennedy (R-La.) to refrain from asking Judge Jackson how she managed to work her way from an arcane legal question concerning the validity of a subpoena to the hopelessly trite observation that the President isn’t a monarch. But Senator Kennedy’s folksy delivery won’t be easy — even for the Democrats — to characterize as race-baiting, and would help to disarm a Democratic Senate majority bent on picking a fight they primarily need for purposes of generating memes for Twitter and sound bites for the legacy media.
He concludes later:
Biden has little choice but to nominate one of the radical judges supported by the far left-wing of his party. He and the Democratic leadership desperately need a knock-down-drag-out with the GOP in order to rile up their base enough to turn out in November. They will portray the confirmation process as a right-wing lynch mob and the corporate media will collude with them by providing deceptive video and sound bites. But if the Republicans pursue the “rope-a-dope” strategy, the Democrats will never lay a glove on them. The “Party of Jefferson and Jackson” will stumble exhausted to defeat in the midterms.
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