February 16, 2022 | Research
Supreme Court

Biden’s Supreme Court Pick: A Far-Left Activist Judge

Research

In Public Statements, Biden Has Already Told Us Who He Will Nominate: An Activist Judge Who Would Protect His Far-Left Agenda Instead Of The Constitution


BIDEN WANTS A JUDGE TO RUBBERSTAMP HIS FAR-LEFT AGENDA

  • With the announced retirement of Justice Stephen Breyer from the Supreme Court, we know exactly who Joe Biden is going to name to replace him: a far-left radical.
  • Biden has repeatedly told us the type of Justice he will nominate, calling the Constitution “a living document” and requiring that any of his nominees “support Roe v. Wade” and “shar[e] my values.” 
  • This radical, activist judge won’t stand up for Americans’ Constitutional rights.
    • Biden wants a judge who is pro-abortion, anti-gun, and anti-religious liberty, and someone who will rubber stamp his agenda.

BIDEN HAS REPEATEDLY PROMISED AN ACTIVIST JUDGE WHO SEES THE CONSTITUTION AS A “LIVING DOCUMENT”

  • Biden wants an activist judge who will serve his political agenda rather than solely interpret the Constitution as written.
    • In January 2020, Biden said his Supreme Court nominee would “have to have an expansive view of the Constitution.”
    • In December 2019, Biden said “the people that I will appoint to the Court are people who have a view of the Constitution that it’s a living document.”
    • In November 2005, Biden said the Constitution should not be interpreted as “frozen in time,” but as “dynamic.”
    • In September 2003, Biden said Justices must believe the Constitution is an “expanding document.”
    • In August 1993, Biden praised then-Supreme Court nominee Ruth Bader Ginsberg for her “understanding” of the Constitution as an “evolving charter” of government.
    • In September 1990, Biden said “we’re looking for women and men on the Court who understand…that [the Constitution] is a living, breathing document.”

BIDEN WANTS A PRO-ABORTION JUSTICE

  • Biden and Democrats are now abortion extremists, pushing taxpayer funded, on demand, and unlimited abortion up until the moment of birth and after.
    • Democrats are eager to select a Supreme Court Justice who will rubber stamp their radical abortion agenda.
    • In February 2020, Biden directly said “yes” when asked if he would place a “litmus test on abortion” for Supreme Court nominees.
    • In January 2020, Biden said that his nominee would “in fact support Roe v. Wade.”
    • In September 2008, Biden said a Democrat-appointed Justice would come from the side of the equation that support… “upholding Roe v. Wade.”
    • In November 2007, Biden said his nominee would “support Roe v. Wade.”
    • In April 2007, Biden said “I strongly support Roe v. Wade” and that he would “make sure that the people I sent to be nominated for the Supreme Court shared my values.”
  • In 2007, Biden condemned the “troubling reasoning” that the Supreme Court used to uphold a ban on partial-birth abortions in Gonzales v. Carhart, suggesting Biden will look for a nominee that will support his radical abortion agenda.

BIDEN WANTS A JUSTICE WHO OPPOSES THE SECOND AMENDMENT LIKE HE DOES

  • In September, the Biden administration filed an amicus brief in support of restricting Second Amendment rights, suggesting Biden will nominate an anti-gun radical to rubberstamp his attempts to limit the rights of lawful gun owners.
  • In 2019, Biden denounced the Supreme Court’s ruling in District of Columbia v. Heller that protects the right to bear arms, saying “If I were on the Court I wouldn’t have made the same ruling.”
    • In 2008, Kamala Harris also came out against the Second Amendment, signing onto an amicus brief in Heller that the Second Amendment does not protect an individual right.

BIDEN DOESN’T CARE ABOUT THE CONSTITUTION

  • Already, Biden has brazenly disregarded the Constitution and taken actions that are unconstitutional.
  • Biden tried to force an unconstitutional vaccine mandate on small businesses and workers, but the Supreme Court has blocked its enforcement agreeing it is “likely” unconstitutional.
  • Biden extended the federal eviction moratorium despite acknowledging it would “not likely” pass constitutional muster.”
  • Biden nominated David Chipman, a gun control activist without respect for lawful gunowners’ Second Amendment rights, to head the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).