What Should our Courts Look Like?

President Joe Biden (D) said in his speech Friday announcing his selection of DC Circuit Judge Ketanji Brown Jackson as his nominee for the Supreme Court that “it’s time our courts looked like America.”

Nothing could be less accurate or more Extreme Left.

Our Article III courts—and our State and local courts, as well—are not, and were not, designed to reflect the demographics of our nation. That’s the role of the political arms of our governments, Federal, State, and local. Those political arms are populated by men and women elected by their fellow citizens to be Representatives, Senators, President of our nation, and analogously at the State and local levels. Those are the folks who should look like the demographics of our nation and their State and district constituents. And they do—that’s what our elections achieve, however clumsily.

Our courts were set up, instead, to be independent of those political arms, independent of demographics. The judges and Justices appointed to those courts were given lifetime appointments explicitly to keep them independent of politics. Our courts were created and the judges/Justices are appointed to them for the sole purpose of applying our Constitution and any statutes before them in any particular case as they were written.

Doing that requires no particular demographic on the bench nor any pattern of demographics. It requires only that they honor our Constitution, which holds that legislation is the sole province of the Congress, and that they honor their oaths of office, which hold them to upholding and defending our Constitution and to treat all men and women before them equally under law, without favor or preference of any sort—including demographic.

Being a wise Latina woman with the richness of her experiences is irrelevant to the role of a judge or Justice. Being a black is irrelevant to the role of a judge or Justice. Being a woman is irrelevant to the role of a judge or Justice. Being an American citizen applying the text of the Constitution and the statute(s) as they are written is the role, the only role, of a judge or Justice.

Applying gender or race, or religion, is simply bigotry. Selecting a person for judge or Justice because of gender or race, or religion, is simply bigotry.

Full stop.

A Two-Edged Sword, and another Thought

Russia is a, if not the, major exporter of energy to Europe, and that helps hold Germany especially, and Europe generally, back from fully supporting Ukraine against Russia’s invasion of that nation.

The two-edged sword is this.

If Russian gas to Europe stops flowing entirely, “this would do severe damage to Europe’s economy and also undermine global growth,” Mr [EurasiaGroup’s Director, Energy, Climate & Resources, Henning] Gloystein said.

That damage, were it to be inflicted by Russia’s President Vladimir Putin, should prod Europe, and especially Germany, decisively away from Russian gas (and oil) altogether, as it would make clear—or should make clear—just how many weapons, including economic, the men and women of Russia’s government are willing to use in order to club Europe into submission.

The disruption from such an assault on Europe would not be felt until the next fall and winter; Europe has reserves enough to finish the present winter. That should be sufficient time for Europe to find more reliable supplies of energy. It might even convince German Chancellor Olaf Scholz to reverse ex-Chancellor Angela Merkel’s panicky cancelation of the nation’s nuclear plant energy production (although, maybe not—Germany has gotten used to tacit subservience to Russia).

The additional thought flows from this remark by President Joe Biden (D) in the context of that Russian invasion, quoted in the article at the link:

I will do everything in my power to limit the pain the American people are feeling at the gas pump. This is critical to me.

This is virtue-signaling dishonesty. Biden’s “everything” consists of begging OPEC and Russia(!) to pump more oil. Biden utterly refuses to open Keystone XL; to get his Cabinet and himself out of the way of exploring, drilling, and pumping lease permits on Federal land and water; to get his Executive Orders and his Cabinet rules and regulations out of the way of our oil and natural gas production and fracking for same; to get his administration out of the way of liquid natural gas production and port development so we can export LNG; to do anything at all to support and expand our domestic oil and gas production.

Biden-Harris’ determined war on our American hydrocarbon energy production industry represents a strong impediment to Europe’s ability to wean itself off Russian energy, and his war supports the Russian invasion effort by contributing heavily to the rapidly increasing price of oil (which underlies those rising “gas pump” prices), which in turn increases revenue for Putin’s Russian economy.

 

[NB: Germany has agreed a limited SWIFT sanction against “selected” Russian banks, and it has authorized shipment of some anti-tank RPGs, stinger anti-aircraft missiles, and 10 metric tons of fuel to the Ukrainian military.]