Joe Biden has vowed to replace retiring Supreme Court Justice Breyer with a woman of color. He said this during his campaign and now the far left is holding him to it. It seems his administration is pushing this as a means of salvaging his failed presidency. But will it be enough?
As it turns out, that might not be the question we should be asking. Famed constitutional expert Alan Dershowitz discussed Biden’s identity politics-driven criteria for a Supreme Court justice. He is saying that setting those requirements could be unconstitutional.
From Newsmax and Fox News:
President Joe Biden has the right to nominate his choice to serve on the Supreme Court, but shouldn’t “engage in identity politics” and say he’s “not going to necessarily pick the most qualified person but the most qualified Black woman” to replace retiring Justice Stephen Breyer, Harvard Law professor emeritus Alan Dershowitz told Newsmax Thursday…
“But for the president and the Senate to set up a quota system this way is just un-American.”
If Biden were to say he was going to appoint a Muslim or a Jew, that would also be “unconstitutional,” said Dershowitz.
Dershowitz said that making the decision based on race or gender was “un-American,” going as far as to say unconstitutional. He explained making the decision based on the identity of the person means he won’t be picking the “most qualified person.”
He explained that it would be just as wrong if, 100 years ago, a president promised to appoint a “white person” or a “Christian.” It means Biden is putting something a person cannot control ahead of experience, knowledge, and skill. Not that Biden could recognize any of those qualities.
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Biden’s administration is sinking. And his handlers believe that if he picks the right black woman for the job, it could win back some liberal support. Polls indicate he is hemorrhaging minority voters, as his broken policies appear to be affecting them more than other groups.
He seems to think black voters will suddenly forget the crippling inflation and job crisis he created with his failed policies, just because he picked a black woman for this seat. This is the Democratic Party of 2022; all appearances, no leadership.
If Republicans agree with Dershowitz’s sentiments, they might have a good reason to block this nominee. They might vote this person down simply on principle. But, chances are, there could be many more reasons for Republican senators to oppose Biden’s pick.