Sen. Ted Cruz, who has argued cases before the U.S. Supreme Court as the onetime solicitor general for Texas, said that President Joe Biden’s vow to only consider a black female to replace retiring Justice Stephen Breyer amounts to racial discrimination and thus may be “illegal.”
In an interview with “Fox News Sunday,” Cruz stated that he believes it was “wrong” for Biden to “discriminate” by claiming he would only consider a black woman as Breyer’s replacement.
“What the president said is that only African American women are eligible for this slot, that 94 percent of Americans are ineligible,” Cruz said.
“The way Biden ought to do it is to say, ‘I’m going to look for the best justice,’ interview a lot of people, and if he happens to nominate a justice who was an African American woman, then great,” he added.
“If Fox News put a posting, we’re looking for a new host for Fox News Sunday and we will only hire an African American woman or a Hispanic man or a Native American woman, that would be illegal,” Cruz continued.
Cruz is not the only legal scholar to speculate that Biden’s declaration may be illegal and unconstitutional.
Late last month, Harvard Law School professor emeritus Alan Dershowitz also said he thought what the president was doing likely qualified as an illegal act.
“I think it may be unconstitutional. If he had said he was going to appoint the first… Muslim to the court, that would be unconstitutional,” Dershowitz told Fox News host Maria Bartiromo.
“As the Constitution, Article 6, specifically provides that no religious test should ever be required. I think the 14th and 19th Amendments also extend that to no racial or gender tests,” he added.
“Nobody should ever be excluded because they don’t fit a racial or gender criteria. There are enormous numbers of qualified black judges who would make great appointees to the Supreme Court,” he continued.
This is an excerpt from Conservative Brief.
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