President Joe Biden pledges to nominate a Supreme Court Justice based on whether the person is Black or female. This is despite filibustering another landmark nominee for District of Columbia federal appels court, which the panel discussing “The Five” discussed Monday.
Dana Perino, who was a former spokesperson for the Justice Department during the Bush administration, recalls how Democrats opposed Janice Rogers Brown’s nomination to the California Supreme Court. Brown is a Black woman who grew in Alabama and went on to serve as the D.C. circuit court judge of appeals.
“I’d like to go back in time and ask why Janice Rogers Brown was not allowed to be elected to the Supreme Court during the Bush administration. She asked, noting that she was in the nomination process at the time.
John Roberts Jr. and Brett Kavanaugh, three current Supreme Court justices, as well as Clarence Thomas, the late Ruth Bader Ginsburg, aspirated to the top court from the prominent appeals bench.
Perino also noted that Biden’s effort to achieve diversity is missing one type of “diversity”, the “diversity in thought.”
All but one senator Democrat, Benjamin Nelson from Nebraska, voted against Bush’s nomination for Rogers Brown in 2003. Current top Democrats, Barack Obama, Chuck Schumer, and Biden were all against the jurist at the time.
Biden, D-W.Va., gave a verbal acknowledgment to Robert Byrd in his speech against Rogers Brown. Biden, a prolific filibuster, said that the vote on the nomination of the jurist would be “the single most significant vote anyone will cast in my 32-years in the Senate.”
Biden stated, “I suspect [Byrd] will agree with that.” Obama later called Rogers Brown “political activist”.
Late Monday night, Senator Josh Hawley (R-Mo.) raised Rogers Brown’s issue. He stated that Biden should nominate Rogers Brown as a jurist because she complies with his strict criteria:
“I wouldn’t exclude anyone out of the base on race, gender, or any other… I think he should take into consideration all qualified nominees. Hawley stated that he believes there are many great people to choose, referring to the fact that Biden considers the filibuster precedent racist from the “Jim Crow” era.
Janice Rogers Brown is my choice, he should nominate her as she meets his criteria. When she was nominated to the D.C., he filibustered her twice. Circuit and what was a historic nominating at the time,” Hawley said.
PollVideo: 76% want Biden to examine all options for picking the Supreme Court.
“So, if he wishes to — I gather that he no longer believes the filibuster-if he really wants to get on that and make amends for his opposition against her historic nomination, then he should nominate him. Hawley said, “And I think that’d be very unifying.”
Pete Wilson, one of California’s last Republican governors had nominated Rogers Brown to California’s highest court.
Bush was able to get Rogers Brown on the appeals bench, in 2005. She served there until 2017, after two years of her nomination being blocked by Senate Democrats.