Biden and the Court
October 23, 2008.


Despite calling Roberts the best he'd
ever seen, Biden voted "No" on Roberts
for political reasons.

There is a reason Barack Obama has kept Joe Biden pretty quiet over the last month.  Joe Biden is known for being a loose lipped cowboy who has frequently gotten himself in trouble.  While some see Biden as a pragmatic individual, the real Joe has proven himself to be incapable of making decisions that are in the best interest of the country.  He has continually put politics over prosperity, ritual over what’s right.

One doesn’t have to delve deep into the history books to retrospectively witness Biden’s bitter political power plays.  If we look back to the 2005 confirmation hearings of now, Chief Justice John Roberts, Joe Biden, in fact, said that Roberts was the best nominee he had seen come before the Judiciary Committee.  Biden said that Roberts was the most qualified Supreme Court nominee he’d ever seen.  However, just a few short days later, Biden voted against Robert’s nomination, claiming it was his duty, as a minority member of the committee. 

Any reasonably-minded person would say that politics didn’t only play a role in Roberts’ confirmation, but it was at the forefront of the hearings.  Simply put, this is 100% attributable to the Democrats disregard for the “Advise and Consent” provision in Article 2, section 2, paragraph 2, of the United States Constitution.  If Biden felt that Roberts was the more than qualified to be on the Supreme Court, he had an obligation and duty to vote yes on his confirmation.  Based on this, it is clear that Biden didn’t feel it necessary to vote for a man he thought was more qualified than someone he did vote yes on – Ruth Bader Ginsburg.  That doesn’t make sense.  But seldom does Biden make sense.

This however, was not the worst.  In 1991, Biden spearheaded a racially charged, politically motivated, hate-filled execution of Clarence Thomas’ character.  In truly one of the worst episodes in the Senate’s history, Biden caricatured Thomas in a caustic display of, “I’ll do it because I can.”  Instead of a committee hearing on Thomas’ qualifications, and qualified he was, Biden focused on Anita Hill’s false accusations of sexual harassment against the judge.  Biden prodded Thomas, and reminded him that in the Senate, the truth is to be told.  Instead of discussing precedent, and case law, Biden wanted to hear about Thomas’ relationship with his disgruntled former employee.  Thomas was casted as a sexual deviant who couldn’t own up to his mistakes.  Thomas’ character was assassinated. (continued below).


Clarence Thomas responds to Joe Biden in 1991.

Looking back at that period in history, it is widely recognized that Thomas was a victim of Biden’s political game.  Thomas, in an earlier discussion with the Senate Judiciary Committee, voiced his opposition to abortion and affirmative action.  Thomas was, and is, a symbol.  It didn’t sit well that an African-American, who ideologically agreed with Biden’s opponents, was nominated to the Supreme Court.  And when Thomas broke the political mold, Biden played the race card.  “I think that the only reason Clarence Thomas is on the Court is because he is black.  I don’t believe he could have won had he been white.  And the reason is . . . I think it was a cynical ploy by President Bush.”

Biden and the Democrats will probably never stop employing these hateful tactics - tactics rarely used by Republicans. Ruth Bader Ginsberg, a Clinton appointee, is widely recognized as the most liberal member of the Supreme Court. She was confirmed by an overwhelming majority of 97 to 3. Stephen Breyer, another Clinton appointee, was confirmed 87 to 9. Thomas was barely confirmed, 52 to 48. Roberts, "the best to ever come before the Senate" for the purpose of being confirmed to the Supreme Court, got 22 no votes.