Biden Waxes Hypocritical in Remarks on the SCOTUS Affirmative Action Decision

AP Photo/Susan Walsh

Looking and sounding frail, on Thursday, President Joe Biden delivered remarks on another landmark Supreme Court decision. As our Senior Editor Joe Cunningham reported, in a 6-3 decision, the United States Supreme Court has struck down race-based admissions at Harvard and the University of North Carolina, declaring it a violation of the equal protection clause. Chief Justice John Roberts, Senior Justices Samuel Alito and Clarence Thomas, and Associate Justices Neil Gorsuch, Amy Coney-Barrett, and Brett Kavanaugh made up the majority. Senior Justice Sonia Sotomayor wrote the dissent in one of the cases (Harvard), joined by Senior Justice Elena Kagan and Associate Justice Ketanji Brown Jackson. Associate Justice Jackson wrote the dissent in the other case (UNC) and was joined by Senior Justices Sotomayor and Kagan.


Biden began his remarks,

Today, the court has walked away from decades of precedent as the dissent has made clear.

Biden then quoted from Justice Sotomayor’s dissent, “Today, this Court stands in the way and rolls back decades of precedent and momentous progress.” Biden affirmed that he was in alliance with the dissenting justices.

I agree with that statement from the dissent.

The court has effectively ended affirmative action in college admissions and I strongly, strongly disagree with the court’s decision.

Because affirmative action is so misunderstood. I want to be clear what the law has been and what it has not been until today.

Biden continued, but repeated lines in a way that seemed as though he had a tic, or was using it as a memorization device, and not because he wanted to give them emphasis.

Many people wrongly believe that affirmative action allows unqualified students, unqualified students, [cough] unqualified students to be admitted ahead of qualified students. This is not, this is not how college admissions works. Rather, colleges set out standards for admission and every student, every student has to meet those standards. Then, and only then, after first meeting the qualifications required by the school do colleges look at other factors in addition to their grades, such as race.

So then, how do you explain legacy admissions? How about influence admissions? In 2012, the scion Hunter Biden was granted a commission into the United States Naval Reserve, even though he was well past the age ceiling (40 years) to attain such a role. Jack Ohanian wrote about his own experience being rejected by the Naval Board on just that basis and compared it to Hunter Biden’s smooth access.


Vice President Joe Biden’s son, Hunter Biden, resigned his direct commission as an ensign in the U.S. Naval Reserve, it was reported recently. Although he was 43 years old at the time of his commissioning, three years over age, he sought an age waiver and got it. Biden was serving as a public affairs officer; mostly, he went to Norfolk, Va., once a month and did a weekend of service. The twist here is that Biden was forced to resign because he had tested positive for cocaine in June 2013. A direct commission is a little-known entry point to get into the military. It’s a way for experienced professionals to serve; it’s mostly done for doctors, nurses and dentists. But age 40 is pretty much the brick wall for those outside of those disciplines.

Who was going to reject the Vice President’s son, even though he had no qualifications to serve in the Navy? Biden’s own son is a glaring example of how the unqualified get access and perks because of who they know, while the fully qualified get put to the back of the line. Hunter Biden couldn’t even get past the physical fitness and readiness process of the commission and had to resign because he tested positive for cocaine use. Yet, Biden continued on reading his talking points off the teleprompter as if his own son wasn’t a walking contradiction and the reason why six justices decided affirmative action was not the best course of action to ensure this diversity he claims to hold so dear.


The way it works in practice is this: colleges first establish a qualified pool of applicants, based on being a certain grade, test scores, and other criteria. Then and only then, then and only then it is from this pool of applicants, all of whom have already met the school standards, that the class has chosen after weighing a wide range of factors, one of them is being race.

Biden blathered and stumbled along, spouting about diversity being our country’s greatest strength.

Our colleges are strong when they are racially diverse. Our nation is stronger when we are racially diverse.


We cannot let this decision to be the last word. While the court can render a decision, it cannot change what America stands for, America is an idea.

The dream on which the country was founded: That opportunity is open to everyone.

Biden hasn’t read a copy of the founding documents recently. The Independence Day holiday is coming up, so perhaps he can refresh on the preamble to the Declaration of Independence,

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Nowhere in the text does it talk about opportunity for everyone or that the qualified applicants get the best opportunities. Along with his son, Biden’s cabinet is walking proof that the standards he laid out about the way it is supposed to work have not worked for quite some time.


Biden went on to try to parrot and paraphrase Sotomayor’s dissent that “discrimination still exists in America.”

That interpretation of the Fourteenth Amendment is not only contrary to precedent and the entire teachings of our history, see supra, at 2–17, but is also grounded in the illusion that racial inequality was a problem of a different generation. Entrenched racial inequality remains a reality today. That is true for society writ large and, more specifically, for Harvard and the Uni-versity of North Carolina (UNC), two institutions with a long history of racial exclusion. Ignoring race will not equalize a society that is racially unequal. What was true in the 1860s, and again in 1954, is true today: Equality requires acknowledgment of inequality.

Biden kept repeating the line like a mantra that would produce a certain effect if he kept saying it. He then went on to make a statement that is blatantly false on its face. A statement he could barely get out as he stumbled over the word, statistics:

Today’s decision does not change that. It’s a simply fact.


Students from the top one percent of family incomes in America are 77 times more likely to get into an elite college than one from the bottom 20 percent of family incomes. Seventy-seven percent [incoherent mumbling].

For too many schools the only people who benefit from the system are the wealthy and well-connected. The odds have been stacked against working people for far too long.

The wealthy and the well-connected. We need a higher education system that works for everyone.


This is the president who is refusing to revoke his nomination of Julie Su, who stacked the odds against hardworking Californians through the Employment Development Department and with her enforcement and support of AB5. So, if he wants an education system that works for everyone, then he maybe needs to start practicing this with the Department of Labor and encourage a working infrastructure that allows freedom for everyone, not just the unions.

And truthfully, when has the educational system worked for everyone? This is the reason that we have public and private education, as well as trade and apprenticeship opportunities. There is no one-size-fits-all paradigm when it comes to education — or opportunity of any kind, for that matter. But this administration is trying to force-feed this into being and is miffed that SCOTUS refuses to play ball. Take another look at the Biden cabinet: There isn’t a more wealthy and well-connected bunch to be found in the entire country, and despite the massive opportunities handed to them on a silver platter, they are still the gang who cannot shoot straight.

What is fascinating is that the very Supreme Court justice who represents that diversity, opportunity, and the benefits of education allowing someone to rise to their fullest potential is the very one who Biden attempted to derail when he was Chairman of the Senate Judiciary Committee. If Biden practiced what he claims to preach now, it never would have happened. If he was so intent on equal opportunity for all, then his 1994 Crime Bill would have targeted all criminals, no matter what their color, rather than criminals who happened to be Black. But Biden seems to have conveniently forgotten his role in robbing opportunities from Blacks and his efforts to not only block, but destroy the very people who represent what affirmative action was meant to correct.


Biden ended his speech by directing the Department of Education to study ways that this equal opportunity for everyone can be preserved in the admissions of colleges and universities.

We can’t go backwards. I know today’s court decision is a severe disappointment to so many people including me. […]

We’re not going to let this break us.

This from a president who has no problem with continuing policies and promoting initiatives that are breaking the American people.

Hypocrisy much?

The full remarks, if you can bare to listen.



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