‘Unconstitutional’: Law professor calls out Biden’s vow to nominate Black woman to Supreme Court
Stephen Breyer's intent to retire was made public yesterday.
President Biden is now under pressure to follow through on a campaign commitment to nominate a Black, female justice.
Supreme Court Justice Stephen Breyer's imminent retirement made news Wednesday after the announcement was allegedly leaked, Fox News reports.
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On the campaign trail, President Biden vowed to nominate a Black female judge to the Supreme Court. Today, the president tweeted that he intends to keep that promise after affirming that commitment at a press conference earlier today.
The person I nominate to replace Justice Breyer will be someone with extraordinary qualifications. Character, experience, and integrity.
And they will be the first Black woman nominated to the United States Supreme Court.
— President Biden (@POTUS) January 27, 2022
However, Jonathan Turley, a law professor at George Washington University (GWU), tweeted yesterday that the president's intention to nominate someone based on skin color and gender is unconstitutional.
Jen Psaki just reaffirmed that the President will only consider a black woman for the next nomination -- a threshold gender and race condition that the Court itself has found unconstitutional for schools and unlawful for private businesses. https://t.co/uzc5jInAlg
— Jonathan Turley (@JonathanTurley) January 26, 2022
"Professor Turley is a critical figure on this campus in sustaining the free expression and exchange of ideas," a spokesperson for the GWU College Republicans told Campus Reform. "His well thought out and nuanced arguments are perfect examples of how respectful discourse should be conducted at our university and within our society when addressing delicate issues."
In the tweet, Turley also linked to a 2020 column he wrote after then-Vice President Biden made the promise on the campaign trail.
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His 2020 column reads, “Joe Biden made two pledges to voters and asked his opponent to do the same to nominate only a black woman for the next open Supreme Court seat and to choose a woman as his vice president."
"Even with identity politics, the pledge to impose a gender and race requirement for the next Supreme Court nominee is as ironic as it is troubling," Turley wrote at the time.
Campus Reform reached out to Turley and George Washington University for comment; this article will be updated accordingly.
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