Joe Biden Has One More Litmus Test for His Supreme Court Nominee: She Must be Pro-Abortion

National   |   Steven Ertelt   |   Jan 27, 2022   |   5:30PM   |   Washington, DC

As it always tends to do, the issue of race has dominated the political landscape when it comes to the potential Supreme Court nominee Joe Biden will appoint to replace retiring Justice Stephen Breyer.

Biden has expressly stated that he will only appoint a black woman to replace him. But that racist and sexist criteria is not the only litmus test Biden has.

Biden has previously indicated that he will only appoint to the Supreme Court nominees who fully support abortion and believe in the completely made up and fictional right to abortion that does not actually exist in the Constitution.

However, Biden’s pro-abortion litmus test may be the most recent but it’s far from the first on in Supreme Court history. Breyer was nominated to the U.S. Supreme Court by Bill Clinton in 1994 and fulfilled the campaign promise Clinton made to use the support for Court’s decision to legalize abortion on demand in Roe v. Wade as a litmus test for any nominee to the U.S. Supreme Court. Not surprisingly, Breyer is leaving behind a lengthy pro-abortion record.

In August 2019, during a campaign stop, Biden stated that any nominees he would name for the U.S. Supreme Court would recognize that there were “unenumerated rights” in the Constitution that include abortion on demand.

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In response to the potential White House nominee, Carol Tobias, president of National Right to Life, said a pro-abortion nominee would merely expand on Biden’s radical pro-abortion record.

“Though the Biden Administration has done everything in its power to promote abortion on demand which tragically has caused the deaths of over 63 million unborn children since 1973, we would hope that the White House nominee for the U.S. Supreme Court would have intellectual integrity and not be somebody who would ignore the Constitution just to promote abortion.”

Breyer will retire after more than 27 years on the nation’s highest court. Breyer is a pro-abortion stalwart who has always been on the pro-abortion side in any legal battles over pro-life legislation.

His retirement paves the way for Joe Biden to appointment a replace, who will almost assuredly be a liberal abortion advocate who would vote to keep Roe v. Wade and 63 million abortions in place.

Breyer will step down from the Supreme Court at the end of the current term, to allow Biden to have time to appoint and the Senate to confirm a successor. He is currently one of the three liberal justices, along with Elana Kagan and Sonia Sotomayor. His replacement would maintain the current 6-3 split between conservative and liberal justices.

At 83, Breyer is the court’s oldest member. Liberal activists have urged him for months to retire so Biden can name and a Democrat-run Senate can confirm his replacement. They were upset that Justice Ruth Bader Ginsburg stayed on the court for years longer than she could have — and should have allowed Barack Obama to name her replacement.

In response to the news, Democrat leader Chuck Schumer said the Senate will confirm Biden’s expected Supreme Court nominee “with all deliberate speed.”

Kristan Hawkins, the president of Students for Life, told LifeNews she’s certain pro-abortion groups are excited at the opportunity to get one of their own on the high court.

“Justice Breyer’s retirement is just what the predatory Corporate Abortion political operation has been dreaming about, as their entire model is focused on abusing the courts to take what the voters won’t give – abortion up to birth,” she said.

And another pro-life group has already said it will likely oppose Biden’s nominee.

“President Biden has promised to only appoint justices who support abortion on demand through birth. Should he follow through on this promise, we will vigorously oppose the president’s nominee,” said SBA List President Marjorie Dannenfelser. “The news of this vacancy comes as we await the Court’s ruling in Dobbs this summer followed by the pivotal midterm elections. The stakes have never been higher in the fight to secure legal protections for unborn children and return the issue back to the people to decide through their elected representatives, not unelected judges.”

Last year, Breyer said he had no plans to retire. Breyer answered “no” when asked if he knew when he would retire.

He gave two reasons that would contribute to an eventual decision: “Primarily, of course, health,” Breyer said. “Second, the court.”

Liberals have urged Breyer to step down at the end of the court’s current term so that President Joe Biden can name a younger, liberal justice to the bench while Democrats hold a Senate majority. But Breyer told CNN that he was happy as the court’s highest-ranking liberal, saying that it had “made a difference” to him.

Breyer has been on the court since 1994, longer than any justice except for Clarence Thomas, who was confirmed in 1991.