Democrat Kamala Harris said that having a Black woman on the Supreme Court would “reflect” the diversity of racial makeup in the nation.
Following Stephen Breyer’s retirement announcement, Democratic President Joe Biden pledged to appoint a Black woman to fill the vacancy.
According to Ted Cruz, Republican Texas senator, Biden’s pledge offends him because it says “94 percent of Americans” aren’t qualified for the job.
During an interview with Telemundo News journalist Julio Vaqueiro on Thursday night, Harris was asked about Cruz’s comment.
“The idea that there would be a Black woman on the court is about ensuring that this court makes decisions in a way that reflect the experiences of all Americans,” Harris replied.
“The court that makes decisions that are fundamental to how we experience life—whether we have our constitutional rights, what’s their impact—that court should represent the people of the country. It should be representative of the people who will be impacted by their decisions,” Harris explained.
In addition, she noted that diversity ensures that when the court issues its rulings, “all viewpoints have been considered when the law is written.”
In fact, once s/he is appointed, she/he will likely hear cases on issues such as affirmative action and abortion rights.
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Speaking about Cruz’s remark on Tuesday, Jen Psaki noted that Cruz and other Republicans did not complain when former President Donald Trump promised to appoint a female to replace late Supreme Court Justice Ruth Bader Ginsburg.
“During [Amy Coney Barrett’s] confirmation hearing,” Psaki commented,
“Senator Cruz said, ‘I think you’re an amazing role model for little girls. What advice would you give little girls?'”
Conservative commentators Ben Shapiro and Josh Hawley, both Republican senators from Missouri, find Biden’s pledge discriminatory. The Mississippi Republican Senator Roger Wicker went so far as to suggest that Biden’s pick will be a beneficiary of affirmative action who will “misinterpret the law.”
However, both parties have a clear precedent for appointing nominees based on their backgrounds. Conservatives who claim Biden’s pick for the Supreme Court will be based on “affirmative action,” it’s often a “racist dog whistle” that ignores the fact that there are many qualified Black judges who could fill Breyer’s seat, constitutional law scholar Gregory Magarian said to Newsweek.
Approximately 86 percent of Black female voters believe that a Black woman should be nominated to the court, according to a recent survey conducted by the polling firm Higher Heights.
Nonetheless, according to another poll, only 23 percent of all U.S. voters approved of Biden’s pledge to nominate a Black woman.
“There are zero Black women on the Supreme Court, zero Black women in the Senate, zero Black women governors, and zero Black women have ever served as president of this country,” said Higher Heights president and CEO Glynda C. Carr.
“There is no doubt that Black women are uniquely qualified to lead in these roles, and we call on President Biden to address this major gap in representation and ensure that our country’s leadership is fully reflective of the people it serves, beginning with our nation’s highest court,” Carr stated.
The office of Vice President Kamala Harris has been contacted by Newsweek for further comment.
