Biden judicial nominees are a joke

AP Photo/Alex Brandon

Joe Biden has promised to reshape America’s courts in order to make them more diverse. In this, he is achieving some success.

Before Biden’s efforts, Judicial appointees were expected to know something about the law, be able to answer basic questions about biology such as the definition of “woman,” and have a passing understanding of the Constitution.

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The legally illiterate weren’t well represented in the judicial branch, but Biden is fixing to change that.

Senator John Kennedy of Louisiana has become a nightmare for Biden’s nominees. Not because he is an in-your-face critic. Not by any stretch of the imagination. He is a southern gentleman and he savages these poor souls by asking them simple questions of law and gently watching them squirm.

He doesn’t need to say a word after they flub their answers.

In a way, it is profoundly uncomfortable to watch. People achieving their dreams of becoming federal judges have to reveal their basic ignorance of the law. On national TV, or at least their mistakes will be.

Kennedy isn’t being cruel. Asking about a Brady motion isn’t exactly requiring people to understand an arcane matter of administrative law. Even I know what a Brady motion is, and know that the federal government failed in its duty under Brady to produce exculpatory evidence in their case against January 6th defendant Jacob Chansley.

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See, it’s not that hard. You want judges to know that prosecutors can’t withhold evidence. Basic law, but if you don’t know it you have no business being a judge. Unless you are judging a case against a Trump supporter, in which case you want to know nothing about Brady disclosures.

Supreme Court Justice Ketanji Brown Jackson, who will be ruling on enormously consequential cases having to do with sex discrimination cases, couldn’t provide the definition of a woman. Something any person who speaks the English language should be able to define.

But as with the word “is,” it depends upon what you want it to mean. Truth is what you make it, right?

How can you rule on cases that bear on sex if you don’t know what sex is? Rule whatever you want, because words have no meaning but what you decide they do.

Clearly, there is no interest at all in the Biden Administration to promote anything as mundane as the rule of law, since his judicial appointments don’t seem to have basic knowledge about the law or the concepts upon which our laws are based.

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That seems to be fine, though, for the Left, because the law is simply a tool by which one acquires the power to do as one will. Judges have enormous power and can use it far more effectively if they are utterly unbound from anything as silly as laws and legal precedents.

If you make it up as you go along it is so much easier than trying to read and apply laws and legal precedents.

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David Strom 9:40 AM | November 22, 2024
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