After two years of Biden’s presidency, the White House and Democratic senators have installed more federal judges than Biden’s two immediate predecessors. A desire to counter Donald Trump’s legacy of stacking his judiciary with young conservatives who lack racial diversity is evident in the rapid clip. Biden has confirmed 97 lifetime federal judges to date, outpacing both Trump (85) and Barack Obama (62) at this point in their administrations.
However, the facts demonstrate that the Biden administration is extremely biased against white men when making nominations to the federal court system. Yet, considerable ideological discrimination is also present, which will matter more in the long term.
Most of those appointments have gone to women and people of color, including Supreme Court Justice Ketanji Brown Jackson. 74 out of 97 judges confirmed by the Senate over the past two years were women, with over half of the appointees being women of color.
This form of demonstrable discrimination in the recruiting process would often give rise to legal liability. Individuals cannot be treated differently based on their race, color, religion, sex (binary), or national origin, as stated by the Civil Rights Act of 1964. Since its inception, the list has expanded to include questions of sexual orientation and gender identity.
Of course, the overlooked white males have little legal recourse; Biden may choose anyone he likes under the Constitution, and Congress can’t change that.
The problem, however, is that Biden is nominating activist judges who think it is their mission to reshape American law and social ideals even though they are not elected. Differences in skin tone indeed get all the press, but intellectual consistency truly counts; in that regard, there is no variety at all.
Alliance for Justice, a leftist group, claims that almost a third of Biden’s confirmed judges had worked as public defenders or civil rights lawyers.
According to Lisa Cylar Barrett, director of policy at the NAACP Legal Defense Fund, more federal judges have witnessed the difficulties faced by people with low incomes or have seen civil rights or voting-rights abuses in the court system.
So, there it is. Judges appointed by Biden, like Supreme Court justice Ketanji Brown Jackson, make decisions based on the relative power of the prosecution and defense instead of the law and the evidence. Skin tone, income, ideology, and victimhood will be the deciding factors. Each federal court will start to look like one in Chicago or New York, with law and order pushed aside in favor of racial complaints.
When people talk about Justice, they mean that everyone should be treated fairly and have a chance to have their voice heard. No matter how impoverished or insignificant they may seem, everyone must have equal access to the courts. The converse is also true; a judge cannot necessarily side with a poor guy, regardless of how well off his litigating opponent is.
The persons Biden appoints to the federal bench have shown little evidence of a commitment to Justice or of being particularly astute or discerning. The evidence suggests they will harm the United States in the same way activist courts—from the Supreme Court on down—have done to the United States over the years. The United States has never recovered from the effects of a Kritarchy (government by unelected judges). The nation suffers when activist judges impose top-down solutions for the nation without going through the intermediate legislative process of convincing Americans rather than dictating to them.