Clarence Thomas waited 30 years to get revenge on Joe Biden after Biden tried to destroy his nomination with a smear campaign.
Now Biden and the Democrats are about to get some bad news they spent years trying to avoid.
And Clarence Thomas gave Joe Biden an ultimatum that set Biden up for a big defeat.
The U.S. Supreme Court’s been sitting on a challenge to race-based admissions programs—affirmative action—in colleges and universities.
Towards the end of the current term the Court handed down an order, but it was not quite what everyone was expecting.
In the case of Students for Fair Admission v. President and Fellows of Harvard, the Court issued an order asking that “The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.”
While it looked like the Court punted on taking up a direct challenge to affirmative action, there was more going on than meets the eye.
Fox 5 in New York legal analyst Mike Sacks wrote that the Supreme Court was taking its time on purpose by forcing the Biden administration to waste time explaining why the Supreme Court is not to take up this case.
“Please waste a few thousand words advising us to decline a case we fully intend to hear,” Sacks began.
Sacks wrote that next term the Supreme Court’s loaded up on controversial cases including the most direct challenge to Roe v. Wade in a generation as well as a major Second Amendment case.
Considering that reality, Sacks theorized that the Court asked the Biden administration to weigh in on this case to push any direct challenge to affirmative action to the next term.
Sacks argued that the Court wasn’t squeamish about wanting to strike down affirmative action, but that the conservative justices on the Court wanted to sequence their decisions.
Mike Sacks wrote:
“Oh, and take your time so that by the time we do agree to hear the case contra your advice, we’ll schedule argument months after guns and abortion in a futile effort to avoid the firestorm that will come when we decide all three cases by a 6-3 vote in the last week of June.”
Alternate translation: “We’ll take your advice to deny this case in the absence of a circuit split so to buy ourselves some time to see how the Yale suit will go before we jump in, thereby pushing this reckoning back a year and out of the guns-and-abortion term.”
Now that Amy Coney Barrett is on the Supreme Court, the conservative justices are feeling their oats.
Clarence Thomas is leading this renewed conservative push.
Thomas spent years bemoaning the fact that the Court would not overturn Roe v. Wade or more forcefully support the Second Amendment.
With Anthony Kennedy and John Roberts on the Court, conservatives did not have the votes to assert an originalist revolution on the Court.
But that reality has changed.
And many conservatives believe it would give Thomas great pleasure to hand down landmark decisions on abortion, gun control and affirmative action during the presidency of the man that tried to bring him down with a smear campaign.
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