President Joe Biden is in danger of losing yet another nomination battle.
Dale Ho, the president’s judicial nominee for the U.S. District Court for the Southern District of New York, is having a rough go of it before the U.S. Senate
If he manages somehow to make it through the “advise and consent” portion of his confirmation hearings, it will be only by the grace of God. If Ho fails, and there’s a good chance he will, he’ll have no one to blame but himself, what with his many lunatic public proclamations.
Ho, who serves currently as the director of the American Civil Liberties Union’s voting rights project, is on the record describing both the Senate and the Electoral College as “anti-democratic.” Not merely undemocratic, mind you, but quite literally enemies of democracy itself. That the Biden White House keeps nominating obvious non-starter candidates who advocate for the radical restructuring of the United States is further proof this administration is anything but a return to “norms.”
“We had obviously lots of practices that are anti-democratic, that entrench in some ways minority rule in this country, and I’m talking about things like, you know, the Senate, the Electoral College, and the maldistribution of political power that results from those institutions,” Ho remarked in 2018 during an appearance at the National Civic Leadership Training Summit.
There’s an obvious problem with Ho’s line of thinking, especially insofar as his nomination to the federal judiciary is concerned. Federal judges are required to take an oath to uphold the Constitution. The Constitution establishes both the Electoral College and the Senate. If Ho believes these institutions are anti-democratic, wouldn’t it follow, then, that he also believes the Constitution, which he would be sworn to uphold, is likewise anti-democratic?
This is to say nothing of the fact that Ho’s complaint isn’t even grounded in reality. He claims the Senate and the Electoral College aren’t representational. But they are. They represent the states, as by design. If it’s representation by population he wants, Ho will no doubt be delighted to discover there’s actually a governing body that serves this exact purpose. It even has the word “representatives” in its title.
This is also to say nothing of the fact that Ho, a supposed defender of pure democracy, is attempting to secure for himself a lifetime appointment to an unelected position in the federal judiciary. You want to talk about institutions that are in no way “democratic”? Let’s talk about the federal judiciary.
Ho’s position on the Electoral College and the Senate isn’t the only thing giving lawmakers heartburn.
Read more at the Washington Examiner.