Biden's Supreme Court pick should be about the Constitution, not color

Ketanji Brown Jackson is the SCOTUS favorite: Andy McCarthy

Fox News contributor Andy McCarthy joins ‘America Reports’ to provide insight into Supreme Court Justice Stephen Breyer retiring and Biden’s potential nominees.

In January 2009, Rod Blagojevich, Democratic governor of Illinois, was impeached for soliciting personal benefit in deciding who to appoint as senator to replace newly-elected President Barack Obama. He was later convicted on 17 charges, including extortion, bribery, and wire fraud.

Today, we are seeing a similar situation play out with President Biden, who, as part of his presidential campaign, promised a seat on the Supreme Court in exchange for political benefit. Yet, instead of facing impeachment, he is being praised for cutting this political deal.

There’s no doubt that diversity in thought is critical so that our judiciary can impartially enforce the law. Whoever is picked as the first Black woman on the Supreme Court will add diversity to an institution that has not been historically diverse. 

President Biden, however, does a disservice to the historic nature of the pick by doing so purely for political gain. Plus, suggesting that the most important qualification of his future nominee is their gender and skin color serves to further undermine the selection.

Rather, President Biden should have evaluated every candidate, weighing the pros and cons of each. If he ultimately decided that the most qualified juror was an African-American woman or a Hispanic man or an Asian American or a Native American (none of whom have ever served on the Supreme Court) — or anybody else — then Americans could then be confident that the choice wasn’t made solely for political gain.

Ultimately, the Supreme Court should be about fairness, not favor; Constitution, not color.

Ultimately, the Supreme Court should be about fairness, not favor; Constitution, not color. The American people deserve the best juror, but unfortunately, President Biden has instead committed to picking the best political box-checker.

The American people certainly shouldn’t be celebrating this subversion of our judiciary.

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