SugarDaddy1
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SourceIn his campaign, 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.
As previously discussed, the Supreme Court has repeatedly rejected such threshold exclusions on the basis of race or gender as raw discrimination. In 1977, the Court ruled in Regents of the University of California v. Bakke, that affirmative action in medical school admissions was unconstitutional. The justices declared that preferring "members of any one group for no reason other than race or ethnic origin is discrimination for its own sake" while adding that "this the Constitution forbids."
Biden's controversial use of racial and gender criteria will only grow in the coming months as the Supreme Court considers two new cases involving racial preferences in college admissions. Those cases may now be heard before a Court with one member who was expressly selected initially on the basis of not of a racial preference but a racial exclusionary rule.
Biden's decision to impose a racial and gender exclusionary rule will now unnecessarily add a controversy to this nomination. The short list of judges include some who would be natural candidates on any vacancy. President Biden has saddled the eventual choice with an asterisk nomination that is unfair to both the nominee and the Court.