{"id":3289,"date":"2021-03-28T20:28:24","date_gmt":"2021-03-29T03:28:24","guid":{"rendered":"https:\/\/www.crimeandconsequences.blog\/?p=3289"},"modified":"2021-03-28T20:28:24","modified_gmt":"2021-03-29T03:28:24","slug":"bidens-imprudent-pledge-to-nominate-a-black-woman-to-scotus","status":"publish","type":"post","link":"https:\/\/www.crimeandconsequences.blog\/?p=3289","title":{"rendered":"Biden’s Imprudent Pledge to Nominate a Black Woman to SCOTUS"},"content":{"rendered":"

President Biden has pledged to nominate a black woman<\/a> to the Supreme Court if he gets an opening.\u00a0 Using race and sex to select SCOTUS Justices strikes me as somewhere between imprudent and perverse.\u00a0 What happened to the idea that the selection should be based on experience, knowledge of the law, temperament, discipline, and fidelity to the text of the Constitution?\u00a0 What do your skin color and your body parts have to do with it?<\/p>\n

The answer should be, nothing.\u00a0 But because Biden is now immersed in identity politics, which is bad enough, he how wants to plunge us into identity law, which is even worse.\u00a0 This is not to mention that his criteria would limit the nominee pool to six percent of the population, pre-emptively dismissing ninety-four percent.\u00a0 Does that seem smart?<\/p>\n

Fifth Circuit Judge James C. Ho has some thoughts.<\/p>\n

<\/p>\n

Testifying before the House Judiciary Committee recently, Judge Ho had this to say:<\/p>\n

Once everyone has had full and fair opportunity to be considered, you pick on the merits. Both the Constitution and the Civil Rights Act make clear that it is wrong to hire people based on race.<\/p><\/blockquote>\n

\n

That\u2019s the law for a wide range of jobs. But it would be especially wrong to select\u00a0judges\u00a0<\/em>based on race.<\/p>\n

It is true that I am the only Asian American on my court. I\u2019m also the only immigrant on my court.<\/p>\n

But I would never suggest that a wise Asian would, more often than not, reach a better conclusion than a white judge. That would be antithetical to our legal system, and poisonous to civil society. No one should ever assume that I\u2019m more likely to favor Asians or immigrants or anyone else\u2014or that my colleagues are less likely to.\u00a0.\u00a0.\u00a0.<\/p>\n

I don\u2019t say this because I think race is no longer an issue in our country. I\u2019ve received racist hate mail and racially disparaging remarks because of positions I\u2019ve taken in my career. I\u2019ve been treated differently because of who I\u2019m married to. And I also remember, back in high school, my college admissions adviser telling me that my grades, SAT scores, and activities were all strong enough to get me into my top choice of schools\u2014if I wasn\u2019t Asian.<\/p>\n

Now, I\u2019m not saying any of this here to complain. Whatever negative experiences I\u2019ve had, they pale in comparison to my many blessings living in this great country. I was not born an American. But I thank God every day that I will die an American.<\/p>\n

My point is just that I don\u2019t come to my views because I think racism is behind us. Rather, I come to my views precisely because racism is\u00a0not\u00a0<\/em>behind us. The last thing we should do is divide people by race. The last thing we should do is suggest that the racists are right. We don\u2019t achieve equality of opportunity by denying it to anyone\u2014we achieve it by securing it for everyone.<\/p>\n

So make no mistake: It would be profoundly offensive\u2014and un-American\u2014to tell the world that you\u2019re restricting a judgeship to members of only one race. It\u2019s offensive to people of other races. And it\u2019s offensive to people of\u00a0that\u00a0<\/em>race\u2014because you\u2019re suggesting that the only way they\u2019ll get the job is if you rig the rules in their favor.<\/p><\/blockquote>\n<\/div>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

President Biden has pledged to nominate a black woman to the Supreme Court if he gets an opening.\u00a0 Using race and sex to select SCOTUS Justices strikes me as somewhere between imprudent and perverse.\u00a0 What happened to the idea that the selection should be based on experience, knowledge of the law, temperament, discipline, and fidelity to the text of the Constitution?\u00a0 What do your skin color and your body parts have to do with it? The answer should be, nothing.\u00a0 But because Biden is now immersed in identity politics, which is bad enough, he how wants to plunge us into identity law, which is even worse.\u00a0 This is not to mention that his criteria would limit the nominee pool to six percent of the population, pre-emptively dismissing ninety-four percent.\u00a0 Does that seem smart? Fifth Circuit Judge James C. Ho has some thoughts.<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[29],"tags":[],"class_list":["post-3289","post","type-post","status-publish","format-standard","hentry","category-judicial-selection"],"yoast_head":"\nBiden's Imprudent Pledge to Nominate a Black Woman to SCOTUS - Crime & Consequences<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.crimeandconsequences.blog\/?p=3289\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Biden's Imprudent Pledge to Nominate a Black Woman to SCOTUS - Crime & Consequences\" \/>\n<meta property=\"og:description\" content=\"President Biden has pledged to nominate a black woman to the Supreme Court if he gets an opening.\u00a0 Using race and sex to select SCOTUS Justices strikes me as somewhere between imprudent and perverse.\u00a0 What happened to the idea that the selection should be based on experience, knowledge of the law, temperament, discipline, and fidelity to the text of the Constitution?\u00a0 What do your skin color and your body parts have to do with it? The answer should be, nothing.\u00a0 But because Biden is now immersed in identity politics, which is bad enough, he how wants to plunge us into identity law, which is even worse.\u00a0 This is not to mention that his criteria would limit the nominee pool to six percent of the population, pre-emptively dismissing ninety-four percent.\u00a0 Does that seem smart? Fifth Circuit Judge James C. 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