Former Democratic presidential candidate Tulsi Gabbard has slammed President Joe Biden’s pledge to choose a black and female Supreme Court justice, saying Vice President Kamala Harris was chosen on the same basis and has been a “disaster” thus far.

“Biden chose Harris as his VP because of the color of her skin and sex—not qualification,” Gabbard tweeted on Monday. “She’s been a disaster. Now he promises to choose Supreme Court nominee on the same  criteria.  Identity politics is destroying our country.”

Biden made his pledge during the South Carolina presidential primary, ostensibly in exchange for the endorsement of Rep. James Clyburn (D-SC), a senior leader in the Democratic caucus and widely respected by the black voters who dominate the Democratic Party electorate in the state. He repeated that pledge in a subsequent debate with Sen. Bernie Sanders (I-VT).

Critics have noted that Biden’s use of race and sex would be unconstitutional in other contexts, according to principles that have been confirmed by the Supreme Court itself, and there are cases involving racial preferences pending before the Court.

Others have defended Biden’s commitment, noting that no black women have yet served on the Court. Then-Senator Biden filibustered a black and female judicial nominee for two years during the George W. Bush administration, part of a pattern of Democrats trying to keep minorities nominated by a Republican president off the federal bench lest they be promoted. (Read More…)

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