U.S. Supreme Court Justice Stephen Breyer is set to retire. He is doing what Ruth Ginsberg refused to do – retire while there’s still a Democratic president in office. It means that Biden will have the chance to appoint a new Chief Justice.
Now, Biden has already said that he plans on placing a black female into the position. Forget about who is the most qualified for the position. There are two things he’s focusing on more than anything: gender and race.
We would have expected better from a president, but this is Joe Biden we’re talking about.
There are a handful of candidates that are qualified to be nominated who are both black and female. Though, it’s important to look at the most obvious: Kamala Harris.
She would make history yet again. She was the first black female VP, and she could be the first black female Supreme Court Justice.
By naming her to the Supreme Court, it could help in various ways. We already know that she’s a completely ineffective Vice President. By shoving her out of the White House, perhaps she could find that her law degree is better suited in SCOTUS. It would also allow Biden to name a new VP, which could possibly help him to create a clean slate with voters.
Considering that Biden’s approval rating is dropping, and Harris’s is nearly nonexistent, a clean slate could do wonders not only for his reputation but also for morale in the country.
If Kamala Harris took the position, she’d be in it for life. She’d never have to worry about campaigning again. She wouldn’t have to worry about approval ratings.
But…do we want someone like Harris, who is extremely progressive, to be sitting in SCOTUS for the next three to four decades? Ehh, probably not.
And it would mean that she’d have made history twice. If Biden is really trying to make a splash with a black female Justice, he should probably look outside of the White House walls.
Who would the candidates be?
There’s the possibility of Ketanji Brown Jackson, who is currently a DC Circuit Judge, though she’s only been on the US Court of Appeals for a year. There’s also Leondra Kruger, a California Supreme Court Justice, who was the youngest to be appointed to such a position. J. Michelle Childs is a South Carolina US District Court Jude, nominated by former President Obama back in 2010.
Biden has to think about the long-term effects of anyone he nominates. If he were to nominate Kamala Harris, there would also be the second step of nominating another VP. If that were to happen, we’d likely end up with someone like Pete Buttigieg as our VP, and that’s probably not going to bode any better for our country.
Breyer stepping down isn’t going to change the way in which the Supreme Court is comprised. He’s been considered a liberal justice. And, we are going to assume that anyone who Biden nominates will be just as liberal. Of course, there’s also the idea that any justice is supposed to be bipartisan – and anyone who accepts the nomination should be aware of that.
As Barrett said last year, “this court is not comprised of a bunch of partisan hacks.” Exactly, so maybe we should just go ahead and leave Harris as VP instead of moving her over to SCOTUS.