A BLACK WOMAN FOR THE SUPREME COURT IS NOT A “QUANTITY” OR “CONFIRMING ACTION”.
By: Nathaniel BALLANTYNE
Last month, Supreme Court Justice Stephen Breyer announced that he would be retiring from the court, giving President Biden the opportunity to nominate his first nominee for our nation’s highest court.
Biden renewed his promise to select a black woman for the Supreme Court to replace Justice Breyer. But some Republican congressmen began labeling the promise to pick a black woman as a “quota pick” and an “affirmative action pick.”
Several of the judges on Biden’s SCOTUS shortlist were also on Obama’swhen he had the opportunity to appoint a Supreme Court Justice. But President Obama had made the decision that he did not want to include some of these women because failure to do so would mean they would never be promoted to the Supreme Court. With Democrats now controlling the Senate, nominating a black woman seems like a smart choice.
Those black women who made the shortlist would not be re-selected — or would be unlikely to be re-selected if Obama failed. And these are real stars. They are the future, and Obama wanted to give them that chance.
The advice for a candidate at a meeting with senators is simple: you should not say anything of substance at the meeting. Just be sincere.
The potential political advantage for Biden is that some Republicans could overshoot that, and you’re already seeing some senators talking about this being a “odds pick” or a “confirmation pick.” … And that’s not going to go over well with people, especially when they meet her.
This person will not come across as an “affirmative action pick”; This person will appear to be the most suitable person for the court if you just look at the women on the proverbial shortlist. You can continue your racist dog whistles on this. But I think most people won’t have the stomach for it, and it will turn over and bite them.
There’s an incredibly competent team in the White House that’s doing the checking, if there’s something, they’ll find it. These incredible women would not be in the position they are in if there was anything, according to White House staff involved in the review.
According to the White House, Biden’s shortlist includes 5 well-qualified candidates, each of whom could easily sell. Calling them a “quota pick” or an “affirmative action pick” is not going to change the fact that all of these women are more qualified than many white men currently sitting on the Supreme Court.