Biden’s Presidency and the Future of Civil Rights

Despite swirling litigations concerning the election processes, the results of the election are unlikely to change, and therefore we can confidently say that the presidential election is finally over. It is now time to focus on the road ahead: a road of healing and of justice. President-elect Joe Biden has outlined his strategy to address the pandemic and the economy. But what should we expect on the civil rights front? A review of Biden’s long political record may suggest the direction of the Biden-Harris administration.

Biden’s positions on abortion, capital punishment, crime, law enforcement, drugs, gun control, LGBTQ and women’s rights have shifted over the years. One could make the case that his changing opinions have largely reflected the country’s prevailing mood at any given time in history. Here’s a quick summary of Biden’s history in these areas: 

Abortion rights. Interestingly, early in his career, Biden had doubts about the constitutionality of Roe v. Wade. More recently, he has become a staunch advocate of the ruling and considers it to be the undisputed law of the land. He has said that he would only appoint Supreme Court Justices who shared his belief in upholding Roe v. Wade.

Capital punishment. Biden has said that he supports legislation to eliminate capital punishment, although, in the past, he has supported the death penalty. In 1994, he backed capital punishment for crimes related to terrorism, weapons of mass destruction, murders of federal law enforcement officers, civil rights-related murders, and drive-by shootings or carjackings resulting in death. But his official 2020 campaign position repeated opposition to capital punishment for any crime.

Crime bill. The Violent Crime Control and Law Enforcement Act of 1994, sometimes referred to as the Biden Crime Law, is the largest crime bill in U.S. history. This law was another hotly debated topic during the 2020 presidential campaign. This far-reaching bill added police officers, increased prison sentences, built prisons, and banned assault weapons. Despite a significant decrease in crime, some believe it had a disproportionately negative effect on minorities. Biden stated during an October presidential town hall that parts of the bill were a mistake.

Defunding the police. Another highly politicized national issue during the presidential campaign was the concept of “defunding the police.” Biden has come out unequivocally stating he does not support defunding the police. However, a July 10, 2020 AP article reported that Biden said, “some of the funding for police should be redirected into different programs, such as mental health counseling.” He also said that “police forces don’t need military equipment, because it makes them look as if they are invading communities.”

Drug crimes.  Perhaps this is the area where Biden has veered most radically throughout his political career. In the 1980s, as head of the Senate Judiciary Committee, he sponsored and co-wrote the Anti-Drug Abuse Act, which many believe led to a disproportionate number of African-Americans being sentenced to longer prison terms for possession of drugs like crack cocaine. About 10 years ago, he acknowledged the negative consequences of this legislation. He reiterated this position during one of the presidential debates. He now supports The Fair Sentencing Act. Regarding the legalization of marijuana, early in his political career, Biden opposed it, taking the position that it was a gateway drug. However, more recently, he has supported the decriminalization of marijuana and the legalization of medical marijuana.

Gun control. This issue demonstrates the greatest consistency among Biden’s stance on a civil rights issue, while also drawing the starkest contrast between the two presidential candidates in the recent election. During his career, Biden has supported gun control measures, advocated for federal assault weapons bans, and supported universal background checks. His 2020 campaign was endorsed by the Brady Campaign to Prevent Gun Violence. Gun control and gun violence are highly emotive topics, and we should expect a shift in policy from a Biden-Harris administration. In fact, in March, Biden promised to put Beto O’Rourke in charge of gun control. Last September, O’Rourke vowed to take away legally purchased assault rifles.

LGBTQ issues. In 1993, Biden advocated for “don't ask, don't tell,” but in 2010 he supported its repeal. Over the years, he has taken-up differing postures, but most recently, he has shown support for same-sex marriage. During his presidential campaign, Biden vowed to support legislation that would prohibit discrimination against transgender people.

Women’s rights. Here again, Biden’s opinions have been fluid over time. He was largely condemned for his treatment of Anita Hill during the Clarence Thomas Supreme Court hearings in 1991, but he also initiated the 1994 Violence Against Women Act, which offered tremendous support for women and children who were victims of domestic violence and sexual assault.

To summarize, over the past 40 plus years in public life, Biden’s stance on civil rights issues have adapted to public sentiment. Though perhaps not always in agreement with his opponents, many consider him to be an architect of some positive changes. While we don’t know exactly what we will see during the next four years because much depends on the configuration of the Senate and Congress, we can anticipate that the policies will likely be a fairly dramatic shift from the Trump administration.