Justice Stephen Breyer is retiring at the end of the term, and the controversy is already in full swing. Many believe that Justice Breyer’s decision to retire is a good thing because of what happened when Justice Ginsburg died. Clarence Thomas and Samuel Alito need to retire, but there is no way they will do that while a Democrat is in office. Besides, that’s another story for another time and is not the source of controversy. That honor belongs to Donald Trump and Fox “News.”
According to the Week, Trump’s team is trying to fundraise off Justice Breyer’s news. Politico White House Correspondent Eugene Daniels shared a screenshot of this text: “BREAKING: A SUPREME COURT JUSTICE IS RETIRING. Biden will appoint a LIBERAL ACTIVIST. Pres Trump activated an EMERGENCY 5X IMPACT.” These people have no shame, not that we are surprised by that. Trump and his crew are merely scamming. As the Week reported, they have already had to repay over $60 million because of their scams. They could care less about who President Biden nominates; they’re just trying to make money. They are not, however, the only ones whining and complaining.
Business Insider (“BI) reported that a panel on Fox’s show “Outnumbered” is “outraged.” President Biden has always been vocal about his intent to appoint a Black female to the court, and Fox is all over it. Why should they care? Their gripe is based on their hatred of Affirmative Action. One contributor, Jonathan Turley, a “pro-Trump” impeachment witness and constitutional law professor at George Washington University, called President Biden’s pledge “unconstitutional.” On what grounds? This is not Affirmative Action, and it is not unconstitutional; it is President Biden upholding his promise to ensure that the judiciary looks like the people over whom they hold judgment. President Biden does not care what these complainers think, and AP has already named who they believe to be his tops picks.
At the top of President Biden’s list are Ketanji Brown Jackson, J. Michelle Childs, and Leondra Kruger. President Biden recently appointed Judge Jackson to the U.S. Circuit Court of Appeals in DC, so of course she is a top nominee. Judge Childs is a U.S. District Judge, and Justice Kruger sits on the Supreme Court of California. Just because these women are Black does not disqualify them from appointment. In fact, BuzzFeed reported that both Jackson and Kruger have Ivy League degrees and prestigious clerkships, including Jackson’s clerkship with Justice Breyer and Kruger’s clerkship with late Justice John Paul Stevens. Both are far more qualified for the bench than Amy Coney Barrett, who had been on the bench for only three years prior to being chosen for the highest court in the country. One could say that her selection was discriminatory as well, but if Republicans can control how we think and live, that is all that matters to them. Regardless of what any of these people think, having our first Black female Supreme Court justice is going to be very cool and is long overdue. This is not discriminatory; it is called leveling the playing field.
Shirley is a former entertainment writer and has worked in the legal field for over 25 years