As you are undoubtedly aware, 83-year-old Supreme Court Justice Stephen Breyer has finally succumbed to pressure from the White House, the Dems, and the progressives and has resigned his SCOTUS seat. He was a dyed in the wool liberal and it is likely he will be replaced by a more liberal Justice.
“Wow, these people can be nasty. I had my choice of either dying or resigning. Boom!”
It was not unexpected as Breyer had been under extreme pressure to resign while there was a high likelihood that President Obama Biden could appoint a liberal successor.
The timing is critical because at the instant the Dems “control” the Senate by a whopping majority of 50-50 with the Vice President Kamala Harris settling all ties. It is also highly likely they get their asses handed to them in the mid-terms in 9 months.
What happened, Big Red Car?
So, here’s what is really going on because you know there is always a scheme somewhere.
1. The White House, the Dems, and the progressives pressured SC Justice Breyer to resign whilst Joe Biden can still appoint and the Senate can still confirm a liberal SCOTUS Justice. Breyer is 83, so this makes sense.
2. The Dems know that if Breyer delayed his resignation beyond the mid-term elections in 9 months, they would lose the majority control of the Senate and would not get their person on the Court.
3. Candidate Biden promised he would appoint a black woman as the next SCOTUS nominee. He won some votes in this manner. Didn’t bother to pretend she would be qualified, just that she would be black and a woman.
4. The favorite Dem black woman candidate was and has been a woman named Ketanji Brown Jackson. Trust me, she will be the nominee.
5. Ketanji is a Harvard undergrad and a Harvard Law School grad, so she is educationally acceptable to the rest of the Ivy League SCOTUS and she is a judicial activist so she is the darling of the progressives.
6. She is an activist judge based on 8 years as a District Court Judge during which she wrote a goodly number of opinions that met with approval and applause from the liberal cognoscenti.
7. She had two problems:
a. She had never served as an Appellate Court Judge and was a lowly District Court Judge. It is a big hill to climb to go from a District Court Judge to a SCOTUS Justice.
b. As a SCOTUS nominee, she was too liberal to be confirmed.
8. So what did the Dems do?
a. They had her nominated to be a Judge on the DC Court of Appeals, the outfit second only to the SCOTUS for importance, but there was a problem with that — no vacancies. Rats!
b. The Dems did not take this small problem lying down. President Biden nominated Merrick Garland, yes that Merrick Garland, to be Attorney General.
c. You guessed it, Judge Merrick Garland was on the DC Court of Appeals and when he accepted the job as the Attorney General of the United States, there was suddenly now a vacancy. Judge Ketanji Brown Jackson was nominated and confirmed to fill that vacancy. Voila!
But, there’s more!
9. Nominated by President Biden in fulfillment of his campaign promise, Judge Ketanji Brown Jackson still had to get confirmed to the DC Court of Appeals. How did the Dems do that?
The Dems twisted the arms of RINO Senators Susan Collins of Maine, Lisa Murkowski of Alaska, and Lindsey Graham of South Carolina to vote for her confirmation with the logic she was maintaining the same balance on the DC Court of Appeals as the departing Judge Merrick Garland was a lefty.
Several other Republicans seeing the fix was in failed to vote and Judge Ketanji Brown Jackson was confirmed by a vote of 53-44, but this created a very important advantage that I will now explain.
10. Having voted to confirm Judge Jetanji Brown Jackson to sit on the US Court of Appeals, these RINO Senators can hardly vote against her. Can they?
Sure she only has 7 months of Appellate Court experience, but the Republicans who voted to confirm her can’t graciously void their earlier votes, can they? Collins, Murkowski, Graham? Nope.
Bottom line it, Big Red Car
President Joe Biden could not give a rat’s ass about who his SCOTUS nominee is as long as she is: a) black, and b) female, and c) meets with the approval of AOC and The Squad. Bingo!
This is a Hell of a way to run a railroad, but you have to give it to the Dems, they will railroad this one through.
Will the Republicans go all Brett Kavanaugh on this unqualified nominee? Nope.
Will the Republicans be rioting in the street? Nope.
Will the Republicans pound on the door to the SCOTUS? Nope.
Will some faux accuser appear out of the woodwork and accuse Judge Ketanji Brown Jackson of having had sex with a giraffe or Michael Avennati? Nope.
Will she be confirmed? Yes.
We will then have the following Dem nominated SCOTUS Justices — all women:
1. A former Harvard Dean who never sat a minute as a judge and never tried a case, but who is a lesbian.
2. A middling Hispanic Justice of very low intelligence who is a woman.
3. A black activist judge with 7 months of appellate court experience who is a woman and fulfills a Biden campaign promise.
There is something called the Martin-Quinn score that evaluates SCOTUS Justices on an ideological continuum. Our SCOTUS lines up as follows:
Justice Sonia Sotomayor — minus 3.959, the most liberal justice on the SCOTUS
Justice Stephen Breyer — minus 1.901 <<< being replaced by Judge Ketanji Brown Jackson who will be way past even Justice Sotomayer
Justice Elena Kagan — minus 1.508
Chief Justice John Roberts — plus 0.506, barely registers
Justice Brett Kavanaugh — plus 0.548, barely registers
Justice Amy Coney Barrett — plus 1.011
Justice Neil Gorsuch — plus 1.11
Justice Samuel Alito — plus 2.162
Justice Clarence Thomas — 3.03, the most conservative justice on the SCOTUS
While the continuum seems to grade out at a 6-3 advantage for conservative ideology versus liberal ideology, the purity of the assessment is very weak. It does not take much to nudge Justices Roberts and Kavanaugh over to the liberal side.
Still, this is a triumph of former President Trump’s desire to appoint conservative justices. The old boy did better than any other POTUS in packing the Court.
And, that, dear reader is how the cow eats the cabbage on this Wednesday, the 26th day of January 2022. Be well and, now, you know.
Attorney General Merrick Garland, “I did my part.”