Should Biden Focus on Racial Politics In Upcoming Supreme Court Nomination?

Should Biden Focus on Racial Politics In Upcoming Supreme Court Nomination?

( – During a Democratic Primary debate in 2020 between Joe Biden and Sen. Bernie Sanders (I-VT), Supreme Court (SCOTUS) identity politics took center stage. Joe Biden made two pledges; he said he would nominate a black woman as his first pick to the SCOTUS, and would also choose a woman as his vice president.

On Wednesday, January 26, George Washington University Constitutional law professor Jonathan Turley questioned if Biden was being hypocritical in a vow to impose a race and gender requirement to the SCOTUS. The professor said Biden’s vow was ironic and troubling.

White House Alleges Reagan and H.W. Bush Did the Same Thing

Turley says that Biden is using a discriminatory practice as a part of his admission requirement to the SCOTUS. In recent years, the high court declared that race or gender conditions were unconstitutional for admission to public colleges, and that businesses cannot hire or promote based on race. Now, Turley questions if Biden is virtue signaling and looking to fill a quota for political interests over a sincere search for the best-qualified candidate to sit as a Supreme Court justice.

On Thursday, January 27, the White House doubled down after reporters questioned if Biden would consider anyone other than a black woman for the upcoming SCOTUS vacancy. Justice Stephen Breyer announced he will retire at the end of the current term in late June or July.

The White House and its parrot media claimed that former Presidents Ronald Reagan and George H.W. Bush did the same thing. It’s true that Reagan wanted a qualified woman to consider, and Bush wanted a qualified black man to consider. Ultimately, the Senate confirmed Sandra Day O’Connor and Clarence Thomas to the SCOTUS. However, both presidents considered a shortlist of men, women, and people of differing backgrounds in their considerations.

Biden has eliminated anyone other than a black woman. Therein lies the difference.

White House Arguments Are Incomplete

White House Press Secretary Jen Psaki said it was ludicrous that anyone would suggest a black woman shouldn’t be a Supreme Court justice. On that line of thinking, there is no dispute. It’s not even deniable there aren’t highly qualified black women who are more than capable of serving on the high court. The question is, should the president only consider someone based on the color of one’s skin or gender?

On the one hand, it’s a reasonable argument to say that the SCOTUS should reflect all of America. Still, Turley questions if the president is filling a quota or looking for the best-qualified candidate. Regardless, Biden’s exclusions are not unlawful or judicially reviewable; he has the Constitutional authority to pick whomever he likes.

This fall, the SCOTUS will hear two cases about potentially unlawful racial discrimination in admissions practices by Harvard University and the University of North Carolina. It appears that one justice will be seated based on the same criteria. Will she be objective and apply the law and Constitution despite the reason for being seated on the court?

Only time will answer that question. Turley stated that Biden is engaging in discrimination for political gain. Is that good politics, or harmful to the Supreme Court?

You decide.

Don Purdum, Independent Political Analyst

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