September 20, 2020

"They’re now saying, after Ruth Bader Ginsburg passed away, they said, 'Biden should release his list.'"

"It’s no wonder the Trump campaign asked that I release the list only after she passed away. It’s a game for them. It’s a play to [inaudible] up emotions and anger. There’s a reason why no presidential candidate, other than Donald Trump, has ever done such a thing. First, putting a judge’s name on a list like that could influence that person’s decision making as a judge, and that would be wrong, or at least create the perception that it would have influence. Second, anyone put on a list like that under these circumstances will be subject to unrelenting political attacks. Because any nominee I would select would not get a hearing until 2021 at the earliest, she would endure those attacks for months on end, without being able to defend herself. Thirdly, and finally, perhaps most importantly, if I win, I’ll make my choice for the Supreme Court not based on a partisan election campaign, but on what prior presidents have done, Republican and Democrats, and I’ve served with many of them. Only after consulting Democrats and Republicans in the United States Senate and seeking their advice and asking for the consent, it says, 'Advice and consent of the Senate,' the president is the person who gets to name someone, propose. The Senate deposes. As everyone knows, I made it clear that my first choice for the Supreme Court will make history as the first African American woman justice. But I’ll consult with senators in both parties about that pick, as well as the legal and civil leaders in our country...."

From Joe Biden Philadelphia Speech Transcript Sept. 20.

Oh? I'd forgotten that he'd pledged to choose a black woman. Isn't that inconsistent with his 3 reasons for not giving us a list? There can't be that many potential choices if he's got the type of person narrowed down like that. Who are the under-60 black female federal judges appointed by Democratic Presidents? Won't they all be influenced in their decisions — reason #1, above — even though their names are not on a list? Aren't they all just as vulnerable to "unrelenting political attacks" as the individuals on Trump's list (reason #2)? And are you not violating reason #3 by making this pledge? You are trying to gain favor in a partisan election campaign, and when it's over, you'll be locked into that limitation and not able to make the sober, nonpolitical analysis you want us to think you will make. And isn't your pledge to appoint a black woman — just a black woman, not the person with the greatest skill and integrity — more political than Trump's list of real people, whose skill and integrity we can investigate? And by the way, if you are really so concerned about tormenting judicial candidates with with unrelenting political attacks, why did you participate in the mistreatment of Bret Kavanaugh?

ADDED: No presidential candidate, other than Donald Trump, has ever done such a thing.... Yes, Trump innovated, but it was Trump, so, of course Orange Man Bad. But it was a good innovation for him, because he wanted to build confidence that he would indeed choose a principled conservative. Now, that the innovation has been done, other candidates will decide whether it suits them. It will suit some, but not others. And, clearly, it would not suit Biden. Biden can't possibly present a list of names. There would be "unrelenting political attacks" on him. There's no way he can provide names that will be far enough left to avoid attacks from the left. If he even attempts to give the left some satisfaction, moderates will be upset. It will further aggravate the suspicion that he's going to let the lefties push him around.

82 comments:

Odi said...

So he'll nominate Michelle Obama

Bill, Republic of Texas said...

With 200 million Americans dead from the 'rona, we're all way too busy dying and burying our dead to be concerned with the the Supreme Court.

The Bergall said...

Being normal is certainly a challenge these days......

Can't wait for this year to be over.

Bill Crawford said...

Why would the nominee not be able to defend herself (#2)?

h said...

DOesn't have to be under 60. How about Maxine Waters or Carol Mosely Braun?

Mike of Snoqualmie said...

Trump asked for the list about two weeks before RGB passed away. Biden's losing track of his days. He's spending too much time in his basement, never seeing the sun.

Kevin said...

As usual this whole thing begins with a lie.

Trump was calling for Biden’s list as soon as he released his own and well before Ginsburg died.

Chennaul said...

Oh this is weird. Trump asked Biden to release his list before Justice Ginsburg died.

And one side trusts to let people know who they will pick, the other side does not.

Joe Biden still has not told the American public who his economic team would be. The press has not asked him.

The New York Times had an article with the title: Biden’s Brain Trust on the Economy: Liberal and Sworn to Silence.

And now that Justice Ginsburg has died the next debate will be filled with all of the oldest attack questions from the media on abortion that we have heard for decades. Meanwhile a historic economic crisis will need to be navigated potentially by a team sworn to secrecy.

JaimeRoberto said...

If TV is anything to go by, there's no shortage of female, black judges. Biden will have plenty to choose from.

MountainMan said...

The man is an idiot. And he has a very good chance of becoming President.

JAORE said...

Biden: Kamela for SCOTUS!!!!!

Aide: Uhh, Joe, she's your VP pick.

Biden: Isn't it awful that a woman of color has to work two jobs to get ahead in Trump's America?

Leora said...

Biden invented the torture of judicial appointments - Bork, Thomas, Estrada all on his watch and all shameful misuses of Advise and Consent for partisan politics.

doctrev said...

200 million people caught China Flu and died, Althouse! 100 million people are going to lose their health insurance! 600 MILLION AMERICANS are going to be killed in the coming rioting!

If you are going to take the lazy way and not actually listen to what Joe Biden says, at least you could mention the parts where he demonstrates a pathological inability to use numbers. Not only that, but the fools working his teleprompter put up 200000 and expected him to not read 200000000. Thanks to the truly cowardly, our nation is in mortal peril. Not that this idiotic sack of failure could win a fair election: it's that the cabal of Cainites backing Biden plan to destroy this country when he loses. What an absolute disgrace.

Sebastian said...

"Isn't that inconsistent"

No. It's prog logic.

Wince said...

"...it says, 'Advice and consent of the Senate,' the president is the person who gets to name someone, propose. The Senate deposes."

Did Biden mean "disposes" or is he talking about a deposition?

Or maybe impeachment?

chuck said...

The list is in the mail.

Yancey Ward said...

Biden's speechwriters are just full of shit.

Mike of Snoqualmie said...

Leora said:

Biden invented the torture of judicial appointments - Bork, Thomas, Estrada all on his watch and all shameful misuses of Advise and Consent for partisan politics.

Don't forget Ted "Chappaquiddick" Kennedy in the roasting of Robert Bork.

Yancey Ward said...

If Biden wins, better keep an eye on him, he might try to appoint a 1000 people to Ginsburg's seat.

The Gipper Lives said...

All this hysteria is an admission that Democrats cannot get their unpopular agenda passed by normal democratic means, so they use corrupt judges to force their will on you. Even better, it doesn't have their fingerprints on it! Otherwise, this nomination would not assume the status of a silver stake in broad daylight to a Party of Vampires.

"If you do this, everything is on the table," they snarl.

The threats aren't really threats at all. They plan to eliminate the filibuster, pack the Court, dissolve the Electoral College, create new Democrat states and senators and control every election in America from the Swamp EVEN IF PRESIDENT TRUMP NOMINATES HILLARY CLINTON TO THE COURT.

So they're not really threats at all. They're simply telling us what they will do if they are ever given power again. They will never relinquish it again.

They are already bailing out arsonists, rioters and murderers to attack citizens. Defunding and kneecapping police departments. They're using COVID to seize dictatorial powers and hurt the economy. They're teaming with Big Tech to end Free Speech--except for themselves. Hell, they're burning down their own cities. Who does that? Nero? They impeached Donald Trump because Joe Biden took bribes. They have already committed nuclear treason with Iran. And used a CIA/FBI/DOJ Police State to wiretap, frame and then attempt the overthrow of President Trump. And each new vile accusation only tells us what they themselves are doing.

"Everything is on the table"?

Yeah--we've noticed. It has been for some time. Lunatics.

BTW, If the nominee is Judge Amy Coney Barrett, a former Scalia clerk, the hearings will showcase the Democrats' disgusting anti-Catholic bigotry, which they freely displayed at previous hearings.

Good. Americans need to see the Party of the Klan--and Klantifa--in all their revolting night-riding glory.

Joe Smith said...

My wife was watching an NPR show...Nina Totenberg interviewing Ginsberg.

Jesus, what a tongue bath.

It should have been rated XXX for explicit, mature, lesbian sex.

But Nina's a 'journalist,' so no agenda (wink wink, nudge nudge).

YoungHegelian said...

Izzit just me or is Joe Biden really coming across as a bit of a pussy?

tim maguire said...

Reason #1 is crap as well. The people being considered for scotus know full well that they are on the list even when the list is informal.

Michael K said...

The Democrats went to a lot of trouble to Janice Rogers Brown off the court, even the DC Circuit. Filibusters, etc.

ColoComment said...

Wince said...
Did Biden mean "disposes" or is he talking about a deposition?
Or maybe impeachment?
9/20/20, 7:06 PM


Yeah, I caught that, too. Odd word choice, or ... maybe subconscious reveal?

Yancey Ward said...

My father had Alzheimer's- he couldn't read numbers either beyond the digits themselves. I am sure if I had put down 200,000 and asked him to read it at the end of his life, he would have read them as pretty much anything but the right amount. He wouldn't even have realized that the answer "200 million" was clearly wrong as, let's say, the number of people who have died of COVID-19 in the US this year.

Biden does this over and over- it is dementia. That intellectual part of his brain doesn't work any longer that handles numbers and scale. I pretty much guarantee you he can't add 20 and 20 in his head, and it wouldn't do you any good to give him pencil and paper neither, nor a calculator. We take it for granted our ability to deal with simple math and magnitudes of numbers, but a demented person loses that and it can be shocking to see how quickly it is lost.

In short, it isn't just that Biden can't read 200,000 correctly- he doesn't even understand why "200 million" is ridiculous given the topic. A non-demented person could misread it, but would instantly catch themselves. Biden, as he read that, really did think 200,000,000 was perfectly reasonable because he has no idea what 200,000,000 even is any longer.

Narayanan said...

nicely crafted.
or may be not
(Did Biden mean "disposes" or is he talking about a deposition? Or maybe impeachment?)

Limited blogger said...

These 'definitive' explanations that the dems always give me are always full of shit.

Yancey Ward said...

And, as others have already pointed out, Biden's claims about being asked about his list are wrong, at best, and lies at worst. Lies is far more likely since Biden was reading a prepared speech written by his staff who clearly knew that Trump's Campaign had challenged Biden to release a list before Ginsburg's death- a demand that they explicitly refused to honor last week.

rhhardin said...

A binder of choices is what is needed.

Jersey Fled said...

Another case where Biden just makes things up. Trump has been challenging Biden to release his his list since September 9th. As was reported in the Washington Post.

Maybe Joe just missed it.

From the Post:

President Trump on Wednesday rolled out another 20 names of people he said he would consider as potential Supreme Court justices, challenging Democratic nominee Joe Biden to release his own list of prospective nominees.

Narayanan said...

the Federalist Society need to get cracking and publish posters with crosshair marks on them ASAP.

Narayanan said...

doctrev said...
200 million people caught China Flu and died, Althouse! 100 million people are going to lose their health insurance! 600 MILLION AMERICANS are going to be killed in the coming rioting!
----------===========
Joe may be fantasy about how many votes he will need to manufacture.

Readering said...

Could be a state judge or academic like O'Connor or Kagan. My pick a Cal justice.

Readering said...

Biden should focus message on covid and economy not courts.

Shouting Thomas said...

Pretty remarkable that this board is now almost 100% pro-Trump, or at least anti-Biden.

In 2016, I think it was mostly opposed to Trump.

What does that say about the polls?

gilbar said...

step one: promise a black female VP (kamela)
step two: promise a black female Justice
step three (the hardest part): get elected
step four: nominate kamela as that Justice
step five: nominate Hillary! as VP
step six: step down, due to "health reasons"

problems solved

Skeptical Voter said...

Oh come on Joe--show us your list. We need to decide between chocolate and vanilla as it were.

Number one on your list: Stacy Abrams (not a lawyer as far as I know, but she is the Governor of Georgia or so she tells us).

Number Two On Your List: Oprah Winfrey--we need a millionaire--er a multimillionaire on the Court.

Number Three on your list: Whoopi Goldberg--not a lawyer but she swings a mean tampon on a string!

Number Four on your list: Michelle Obama--at least she was a lawyer but was disbarred or resigned from the Illinois bar under mysterious circumstances. She's also a multi millionaire, so that's good--but she's lazy--so that's bad---but shes' got a big house in DC so it's not far to work at the Supreme Court Building--so that's good.

Jersey Fled said...

Pretty remarkable that this board is now almost 100% pro-Trump, or at least anti-Biden

People here are informed enough to know that Joe cant answer softball questions when he knows before hand what the question will be and has a teleprompter in front of him.

And by the way, condolences to the friends and family of those 200 million Americans who died before Joe finished his last talk.

Andrew said...

"...it says, 'Advice and consent of the Senate,' the president is the person who gets to name someone, propose. The Senate deposes."

Did Biden mean "disposes" or is he talking about a deposition?

*****

Moses supposes his toeses are roses
But Moses supposes erroneously
But Moses, he knowses his toeses aren't roses
As Moses supposes his toeses to be

Moses supposes his toeses are roses
But Moses supposes erroneously
A Mose is a mose
A rose is a rose
A toes is a toes
whoop-dee-doo-doo-doo-doo.

stevew said...

No, Shouting Thomas, what does that say about Trump's performance in office and the Left's unrelenting attacks on him?

Marshall Rose said...

If the Dems were smart, they would concede the pick, get it done in 14 days.

Boom, issue no longer on the table. Future picks would be discussed if Biden would release a list that covers a spectrum from far left wacko to centrist.

Return focus onto the hysteria of a minor virus and OrangeManBad.

But, they are incapable of allowing Trump a victory without a scorched earth opposition. Can't allow him to be normalized after all.

They could have destroyed the Republican party if they had worked with Trump, but that was beyond their capabilities.

Ken B said...

Althouse well and truly sees through Basement Biden.

Megaera said...

Well, at least if he's committed to appointing an AA female he's publically asserting that Barack is positively not an option ... which leaves Mooch from that family. She being the one who had to drop her Bar membership and right to practice law for reasons never disclosed, and has never even taught a law course, let alone practiced it. (I am rejecting outright her only slightly vaunted career as the holder of a wholly political corporate "position" which was deemed so critical to her employer that as soon as she left they discontinued it.)

BidenFamilyTaxPayerFundedCrackPipe said...


Do the left get exhausted with "everything Trump says of does is illegal or impeachable"

or does it give them one rage filled orgasm after the other?

William said...

VP. Supreme Court. It's a start. How about promising that he'll be the first President to ever name an all Black cabinet. We've had all white, all male cabinets many times for many years. It's time to play catch up. An all female, all Black cabinet is the way to go.....He might want to divorce his wife and marry a Black woman, but some might consider that pandering. An all Black cabinet might be sufficient to win over the Black vote. Maybe a few Hispanics later in the term.

Big Mike said...

Yes, Trump innovated ...

He does a lot of that. He’s a man who thinks outside the box.

Another old lawyer said...

A Biden presidency and SCOTUS appointment would only accelerate the day when judicial supremacy dies. I'm a bit surprised Trump hasn't told 5 Justices to go pound sand, but he's surprisingly conservative and traditional in some ways. But judicial supremacy will die, due entirely to the arrogance of the Justices and some of the minor judges (especially those who issue nation-wide injunctions against executive actions) and the fact that power corrupts, and absolute power corrupts absolutely.

Leland said...

He will give a name. He has to. There isn't enough enthusiasm for Bogey or Harris to win. They need a third person to get to build that enthusiasm.

Michael K said...

Anybody who expects Biden to reveal ANYTHING about his administration, if elected, is dreaming. Read Kurt Schlicter's "People's Republic" if you want the picture.

R C Belaire said...

Prediction : Biden & Co. will have a list out by the end of September. Trump will pummel them until they cough it up.

DEEBEE said...

Oh!Ann, come out and say you are not voting Biden (YAY1). But why the burlesqu7?

Clark said...

Biden speech on Youtube. Speech starts at 55:45. The most interesting part is his mumbling when he first gets to the podium. It sounded like he was going to expire on the spot.

Sebastian said...

"Biden can't possibly present a list of names."

Sure he can. Well, he could, if he were a leader, and if he had his wits about him.

So, what does it say about the Dems when even on fairly straightforward issues they have to engage in an anticipatory kowtow to the left?

TomHynes said...

Somebody else check my work, but there are no sitting black female federal circuit court judges under 60. Zip, nada. I selected all federal sitting circuit court judges, female, any combination of African American and got a total of 5. The youngest is 68. https://www.fjc.gov/history/judges/search/advanced-search

walter said...

Cardi B(oobs)!
WAJ

NorthOfTheOneOhOne said...

No presidential candidate, other than Donald Trump, has ever done such a thing....

Which translates to: Holy shit! We got beat to the punch by Republicans! That's not supposed to happen! Look, right here in this contract singed in blood....

BidenFamilyTaxPayerFundedCrackPipe said...

Michael K @ 7:25 - those democrats are all racists.

Oso Negro said...

"a black woman — just a black woman, not the person with the greatest skill and integrity". Oh, the places people at UW would go with this sentence in 2020.

StephenFearby said...

"It’s no wonder the Trump campaign asked that I release the list only after she passed away. It’s a game for them. It’s a play to [inaudible] up emotions and anger."

Fact check: Biden falsely claims Trump campaign only asked him for Supreme Court list after Ruth Bader Ginsburg died
By Daniel Dale, CNN (!)

Facts First: This is just wrong. The Trump campaign and Trump himself had repeatedly said prior to Ginsburg's death that Biden should release a list of prospective Supreme Court nominees.

When Trump released his latest list on September 9, the Trump campaign's statement said in its title that "Biden must do the same." The campaign repeated the demand for a Biden list in a statement on September 17, the day before Ginsburg died.

Trump had previously issued the same demand himself. In an August 24 speech at the Republican National Convention, Trump said, "I'm demanding, actually, a list: let Biden put up a list of the judges he's going to appoint." And in a June 22 interview with the Christian Broadcasting Network, Trump said, "You ought to ask a guy like a Biden or ask his campaign: give a list of judges, see where they stand on pro-life, see where they stand on it."

Supreme Court dates
To bolster his case that the Senate should wait to confirm the next justice, Biden said: "By the way, there's no court session between now and the end of this election."

Facts First: Biden's claim is simply inaccurate. The court's next session is scheduled to begin on October 5, nearly a month before Election Day on November 3.

https://www.cnn.com/2020/09/20/politics/fact-check-biden-supreme-court-list-ginsburg/index.html

From the Left's perspetive, Biden needs a muzzle more than a face mask.

NorthOfTheOneOhOne said...

Re: Joe's dementia....

David Harsanyi had a good article on Biden in National Review this week. The Secret Life of Joe Biden

The Genius Savant said...

Also Trump asked Biden to our his list several times before Ginsburg passed away.

Left Bank of the Charles said...

“There can’t be that many potential choices if he’s got the type of person narrowed down like that.” Really? The Rs seem to have an endless list of white male catholics.

Mark said...

You could excuse the shit that comes out of Biden's mouth as just dementia and he doesn't know what reality is. But the fact is that even when he was clear-headed, he was a repugnant liar.

Bay Area Guy said...

Biden is a blithering fool and a liar. DJT put up his list, where's yours?

Bob Loblaw said...

You could excuse the shit that comes out of Biden's mouth as just dementia and he doesn't know what reality is. But the fact is that even when he was clear-headed, he was a repugnant liar.

Yep. He's always been something of a disingenuous jerk. It adds a little to the fun, though, since now we can puzzle over which of the two possible sources of error was operable for a particular thing he says. Is he wrong because of the senility, or is he lying?

Oh Yea said...

Only one choice - Anita Hill

Nichevo said...

Oh? I'd forgotten that he'd pledged to choose a black woman. Isn't that inconsistent with his 3 reasons for not giving us a list? There can't be that many potential choices if he's got the type of person narrowed down like that. Who are the under-60 black female federal judges appointed by Democratic Presidents?



Psst. Anita Hill.

Ralph L said...

but the fools working his teleprompter put up 200000

Since this has happened before, I'm betting they used 200m and he read it as million. They're not smart enough to spell out "thousand" for him.

wholelottasplainin' said...

William said...
VP. Supreme Court. It's a start. How about promising that he'll be the first President to ever name an all Black cabinet. We've had all white, all male cabinets many times for many years. It's time to play catch up. An all female, all Black cabinet is the way to go.....He might want to divorce his wife and marry a Black woman, but some might consider that pandering. An all Black cabinet might be sufficient to win over the Black vote. Maybe a few Hispanics later in the term.
***************

Why not? A cabinet that "looks like America!"

Oh wait............

gadfly said...

Trump has no knowledge regarding qualifications of federal court judges and the only federal judge that he personally was involved with was his sister, Maryanne Trump Barry, who was appointed to the U.S District Court for New Jersey by Reagan thanks to Donald's association with ruthless Roy Cohn. Of late, the big push for conservative judges by the GOP begins and ends with the recommendation from The Federalist Society. As the NY Times points out:

The Federalist Society is not just a debating society. It is a powerful and partisan organization that plays a large role in selecting federal judges who will then reliably rule for Republican Party and conservative interests, just as the Supreme Court under Chief Justice John Roberts has consistently done since its inception in 2005.

So Trump's bragging about his "list" innovations is simply not true - as usual.

wholelottasplainin' said...

Narayanan said...
the Federalist Society need to get cracking and publish posters with crosshair marks on them ASAP.
****************

why? To threaten to kill a mentally-deficient person?

A waste of rhetoric, as well as bullets.

eddie willers said...

He will give a name. He has to.

"Say her name!" "Say her name!" "Say her name!"

Narayanan said...

!@Professora -

you left out possibility : Biden seems to be signaling : is it possible that for election disputes D will go shopping for black and cervically endowed

Greg The Class Traitor said...

TomHynes said...
Somebody else check my work, but there are no sitting black female federal circuit court judges under 60. Zip, nada. I selected all federal sitting circuit court judges, female, any combination of African American and got a total of 5. The youngest is 68. https://www.fjc.gov/history/judges/search/advanced-search

State Supreme Court Judges. Head of ACLU. You don't have to be an Appeals Court judge to be appointed to the Supreme Court

GingerBeer said...

How could 200m Americans die from COVID-19? I thought we all died from Net-Neutrality already.

wendybar said...

GingerBeer said...
How could 200m Americans die from COVID-19? I thought we all died from Net-Neutrality already.

9/21/20, 3:46 AM

I thought we all died from Climate Change??

alanc709 said...

If the Democrats go after a Supreme Court nominee over being Catholic- doesn't that apply to Biden, Pelosi, etc? If being Catholic disqualifies you from holding higher office, shouldn't Biden drop his campaign and Pelosi et al resign?

Ralph L said...

Everyone knows they're not real Catholics. Neither is Pope Che.

Doug said...

JaimeRoberto said...
If TV is anything to go by, there's no shortage of female, black judges. Biden will have plenty to choose from.


Jaime Roberto FTW!

stlcdr said...

Trump is very progressive...

Francisco D said...

Marshall Rose said...
They could have destroyed the Republican party if they had worked with Trump, but that was beyond their capabilities.

Yes. If the Democrats took the populist path, the Republicans would be toast now. However, they are so much better than the rest of us that they need to control our lives.

2024 will be an interesting year. If Republicans forsake Trump's populist approach they are toast and the Dems will truly turn us into a Socialist Paradise.