November 20, 2005
MAYBE THE SENATOR NEEDS TO THINK THIS THROUGH
Biden: Chance of Alito Filibuster Higher (AP, 11/20/05)
The views that Samuel Alito expressed on reapportionment in a 20-year-old document could jeopardize his Supreme Court nomination and provoke a filibuster, a leading Democratic senator said Sunday.In Baker v. Carr and the cases following it, the Supreme Court held that all state legislative districts -- House and Senate alike -- had to have as nearly equal populations as was practicable. Any deviation would make one person's vote "worth more" than another, a violation of the Constitutional principle of one man, one vote and a violation of the Equal Protection Clause. Somehow, though, the Equal Protection Clause does not apply to the United States Senate:Biden, D-Del., said he was most troubled by Alito's comment about reapportionment under the Supreme Court when it was led by Chief Justice Earl Warren.
"The part that jeopardizes it (Alito's nomination) more is his quotes in there saying that he had strong disagreement with the Warren Court particularly on reapportionment - one man, one vote," Biden told "Fox News Sunday." . . .
"If he really believes that reapportionment is a questionable decision - that is, the idea of Baker v. Carr, one man, one vote - then clearly, clearly, you'll find a lot of people, including me, willing to do whatever they can to keep him off the court. ... That would include a filibuster, if need be," Biden said.
The Supreme Court, in a 6-2 decision in 1962 in Baker v. Carr, ruled that arbitrarily drawn legislative districts can be challenged in federal court.
Population of Delaware as a percentage of US population: 0.2%
Votes for Joe Biden in his last Senatorial election (02): 135,253
Joe Biden as a percentage of the US Senate: 1%
Population of California as a percentage of US population: 12.2%
Votes for Barbara Boxwer in her last Senatorial election (04): 6,955,728
Barbara Boxer as a percentage of the US Senate: 1%
According to Baker v. Carr, and apparently Joe Biden, this is a miscarriage of justice, a denial of equal protection (if not of the Equal Protection Clause) and a violation of that sacred principle of democracy: one man, one vote. There could be no greater gift to me personally then Joe Biden of Delaware leading the anti-Alito filibuster to defend that sacred principle.
Posted by David Cohen at November 20, 2005 10:00 PMBiden was on with Chris Wallace earlier this evening right after Rumsfeld! He is just so amazingly dumb. That's not meant to be an insult or put down. It's a statement of fact, like he has brown eyes, he has no brains.
He recited his set piece from memory. There was no give and take. When Chris tried to ask him to expound on some ridiculous statement, he stopped, looked like he was rewinding his tapes, and then went plowing ahead with his lesson.
People like Joe Biden are walking arguments for the breaking up the most populous states so as to increase their representation in the Senate. (Or the more likely result, unfortunately, would be to surround him with even more blithering idiots.)
I was under the impression that the SC has ruled that "one man, one vote" isn't good enough, since districts can be drawn with equal population in a way to disadvantage racial minorities?
Posted by: b at November 21, 2005 12:07 AMBiden=87 IQ points
Boxer=84 IQ points
See they are almost equal.
Baker v Carr was bad law badly decided and even more poorly implemented. First, the equal protection clause is not violated by provisions such as representation that do not provide protection under the law. Second, Section 1 of Am 14 does not deal with voting. That is in Sec 2 of Am 14 and Am 15.
Third, the date of Baker is 1962, three years before the Voting Rights Act. After that, SCOTUS, should have deferred to Congress in providing remedies for racial discrimination in voting and representation.
Posted by: Robert Schwartz at November 21, 2005 12:14 AMKeep an eye out for Biden's son, Joseph "Beau" Biden III. Our Republican state attorney general here in Delaware just resigned to take a state judgeship, leaving the Democratic governor with the power to appoint a successor until the election next November. Rumors of Mr. Biden fils being appointed were rife, until he reportedly called the governor to say he wasn't interested in being appointed, but that he was going to run for the office. I expect he'll win, if only because the Republican Party is in a state of terminal disarray and can't recruit candidates to save its life. The obvious candidates for AG have already said they're not interested, and we also have our other senator (Tom Carper) up for reelection next year -- nobody wants to take him on, either.
The younger Mr. Biden is reportedly not quite as much of a dimwit as his father, and he still has most of his own hair.
Posted by: Random Lawyer at November 21, 2005 11:02 AM"The younger Mr. Biden is reportedly not quite as much of a dimwit as his father"
Thank God for regression to the mean.
Posted by: Robert Schwartz at November 21, 2005 10:05 PM