U.S.A. –-(AmmoLand.com)- Wednesday’s retirement announcement by Supreme Court Associate Justice Stephen Breyer—a chief holdout among the court’s liberal justices who argue the Second Amendment protects a right to keep and bear arms as part of a militia—has set off a scramble to identify potential candidates to replace the 83-year-old jurist.
It also may spark more than a little controversy, because liberals including Senator Patty Murray (D-WA) immediately called for President Joe Biden to nominate a Black woman, reminding him of a campaign pledge made in 2020. While this represents to liberals an effort to bring more diversity to the high court, to many conservatives, it translates to symbolism over substance. Shouldn’t ethnicity and gender take back seats to judicial qualifications, they wonder?
This was essentially underscored by a report at Fox News, explaining “Pundits largely agreed that while a new Biden appointee would not change the ideological makeup of the court, it could serve as a symbolic and historic moment for the president and a much-needed boost to Biden’s image.”
The St. Louis Post-Dispatch already published a possible shortlist of nominees.
DC Circuit Judge Ketanji Brown Jackson
“Biden has already elevated Judge Ketanji Brown Jackson once,” the newspaper said, “appointing her last year to the US Court of Appeals for the District of Columbia, which is considered the second-most powerful federal court in the country. Previously, the 51-year-old judge served on the federal district court in DC.”
California Supreme Court Justice Leondra Kruger
“Kruger, now 45, was the youngest person to be appointed to the California Supreme Court when then-Gov. Jerry Brown nominated her in 2014,” the story noted. “Kruger is intimately familiar with the Supreme Court having worked as a clerk for the late Justice John Paul Stevens and served as acting deputy solicitor general in the Obama administration.”
South Carolina US District Court Judge J. Michelle Childs
“Childs, a judge on South Carolina’s federal court, is said to have a major booster in House Majority Whip James Clyburn, a Biden ally who helped deliver South Carolina for the eventual nominee in the 2020 Democratic primary,” according to the newspaper. “Just last month, Biden nominated Childs to the US Court of Appeals for the District of Columbia Circuit, and the nomination remains pending.”
Presently, thanks to the 2020 death of Associate Justice Ruth Bader Ginsburg, former President Donald Trump was able to seal perhaps his greatest legacy, by bringing the federal courts back toward the right, including three appointments to the high court. He replaced the liberal Ginsburg with Associate Justice Amy Coney Barrett, who joined Justices Neil Gorsuch and Brett Kavanaugh as Trump appointees, swinging the balance to 6-3, conservatives versus liberals. With the likelihood of more Second Amendment cases being accepted for high court review over the next few years, it is important to have a majority that recognizes the Second Amendment as protective of an individual right.
Breyer as a dissenter in the 2008 Heller and 2010 McDonald gun rights rulings. As noted back in December 2010 by the New York Times six months after the McDonald decision, “The dissents—written by Justices Breyer and John Paul Stevens and joined by Justices David Souter and Ruth Bader Ginsburg—held that the Second Amendment affirms the right of the people to ‘keep and bear arms’ as part of a ‘well-regulated militia,’ but not an absolute individual right to own a gun.”
On the campaign trail, Biden promised he would nominate a Black woman to the court. Newsweek recalled his remarks during a March 2020 primary debate during which he said, “I am committed that if I’m elected president and have an opportunity to appoint someone to the courts, I’ll appoint the first Black woman to the courts. It’s required that they have representation now. It’s long overdue.”
His choice is almost certain to have a view of the Second Amendment that is not friendly to the individual right as explained by the late Justice Antonin Scalia in his majority opinion in Heller. But with a conservative majority that also includes Justices Clarence Thomas, Samuel Alito and Chief Justice John Roberts—at least so far as the right to keep and bear arms is concerned (Roberts came down with the majority in both Heller and McDonald), Biden and his liberal cronies may not be able to relegate the Second Amendment to a second-class right, much less a government-regulated privilege.
Writing at Fox News, Adam Sabes observed, “When Supreme Court Justice Stephen Breyer steps down from the nation’s highest court – as Fox News has been told he intends to do at the end of the court’s current term – his departure will end the influence of former President Bill Clinton on the court.”
Clinton appointed both Ginsburg and Breyer during his presidency, underscoring the adage, “Elections matter.”
During his four years in office, Trump filled some 200 federal court vacancies including the three Supreme Court vacancies.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
A old Un American Marxist being replaced by a younger one, no matter whether it’s male or female,the Constitution and Americans all lose.
True, but federal judges, all federal judges, can be gotten rid of by two methods.
Tell me…LOL!
Biden’s declaration of selecting a black women for a potential
SCOTUS opening, is actually an expected denigration, coming
from the party that benefited from slavery. Biden is reducing an
individual’s resume down to skin-tone and genitalia. If the
Marxocrat party contingent of black women, can understand the
the inherent insult of Biden’s statement, the midterm elections
would become a bonfire of Marxocrat vanities.
Nothing else matters to the Democrats, liberals, BLM, Feminists and Biden other than that the candidate is black and female (or something currently resembling a female).
Winsome Sears
Rachel Dolezal
Lol claiming to be native american and running for president didn’t work out for Elizabeth Warren maybe this is her shot.
That’s funny!!! I was thinking the same. Makes me think of Rush’s parody about the magic negro.
Blue pencil cometh. Leftist. There is nothing ‘liberal’ about the New Left Progressive clown circus about to be marched out for inspection. These will all be died in the wool leftists.
Dave, locally the St. Louis Post-Dispatch is known as the Pravda Dispatch. As to a 6-3 majority on SCOTUS, I say 5-3-1 with Chief Justice Roberts blowing in the wind.
If you have a Senator on the Judiciary Committee, go to senate.gov and let them know the questions you want the nominee to answer. e.g.: How does it make you feel that your most important qualification is the color of your skin? Do you feel vindicated that your second most important qualification to sit on the supreme court is your sex? What do you say to your advocates that the third most important qualification for taking a seat on the supreme court is their expectation that you will write opinions saying the law is what they wish it to be… Read more »
This is easy to predict. Michele Oboma.
Better a black female experiences plumber because she’ll know. S. hit and where it belongs.
Um… yeah I can see that. Michelle needs a seat big enough to put her huge ass in. A SCOTUS chair sounds more than likely.
Jellohead Joe is fine with any female that is black, regardless of qualifications. Then they float the Kamala idea, ARE YOU FRIGGING INSANE ???? I am surprise she knows how to BREATHE on her own !
Joe is interviewing the D.C. HOOD CRACK HO’s right now, they love the grey hair on his legs.
Black female… ANYTHING for a vote. I am NOT saying there aren’t qualified black women out there but joe doesn’t want one in step with the Constitution or whole of America. He wasn’t a YES on any Dem agenda judge, thus any will do. Like I said it is ALL being done for votes from blacks and women. The Democrats have NEVER been FOR the blacks. It’s a Dem “SALES GIMMICK” nothing more.
FACT !
For decades politicians condemned the American people for hiring on the basis of race and gender. Now, the lying, controlling bastards are trying to hire a Supreme Court justice on the qualifications of color and gender, alone.
hiding in the woods did not help at ruby ridge, nor did it get ted left alone
Just when one thought leftists couldn’t get crazier – came across an article Commentary: Columnist says California should abolish parenthood in the name of equity (yahoo.com) In which author advocates for “universal orphanhood.” He wants to outlaw raising your own children. Even if threats against gun rights are not enough to inspire succession, I suspect serious consideration of such laws would inspire virtually universal succession or more likely violent counter-revolution. My children are all grown and prospects for grandchildren are small, but such suggestion make me want to throw up — then hunt down anyone who advocates for such insanity.… Read more »
Perhaps we need to pick a potential candidate who Biden would find acceptable. Among other criteria is that they need to be older with the steadiness that only comes with age. After all POTUS needs youthful vigor while SCOTUS needs steady-thoughtful wisdom. If we can find an experienced judge who happens to be black, female and in her 90’s – perhaps biden can be convinced to nominate her. Her tenure would almost certainly be considerably shorter than that of any 50 year old he’s likely to nominate. May be able to beat them – but easier and more fun if… Read more »
Biden (and/or his puppet masters) couldn’t care less if the candidate is experienced or qualified, just so long as she’s female (or someone identifying as such or has been surgically altered to resemble a female) and black. If an illiterate black crack ho could pass the confirmation hearings, Biden and the Democrats and Feminists would be happy to have her on the court and Biden will have fulfilled his campaign promise (not that he can remember making it).
“Trump sealed perhaps his greatest legacy, bringing courts back toward the right, including Amy Coney Barrett, who joined Neil Gorsuch and Brett Kavanaugh, swinging the balance to 6-3, conservatives versus liberals.”
What a load. These 3 new Blue-Light Federalist Society “Justices” collaborated with the commie-Dems & “conservative” John Obamacare Roberts for the federal coup d’etat, using a bogus “standing” objection to give states a de facto right to steal elections from their own voters & other states.
2 of the 3 voted to force MDs & nurses to submit to dangerous vaccines.
We’re stuck with these turncoats for life.
he is right people they say they are constitutionalists but their votes say no, they are pro control , , constitution recolonizes individuals rights and compels government to do so too. the guns are to stop government from getting too powerful and doing whatever they want ,taking property and lives without a crime; oh wait they are doing that, you can bet the could not if everyone had a machine gun. I feal sorry for the families of police who have been killed BUT policies that keep guns from good people are criminal choose to be member of a gang… Read more »