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      Biden interviews three Black women as potential supreme court picks – reports

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      Biden interviews three Black women as potential supreme court picks – reportsThe White House is urging liberal groups to support nominees against critics’ attacks, CNN reports Joe Biden has interviewed at least three potential supreme court nominees and is expected to reveal his decision by the end of this month, according to multiple sources close to the president.Ketanji Brown Jackson, Leondra Kruger and J. Michelle Childs – all Black women – were among the contenders who spoke with the president, those familiar with the matter told CNN and the Washington Post.Jackson, who has widely been considered the frontrunner, currently sits on the US court of appeals for the DC circuit after replacing the attorney general, Merrick Garland, in June 2021.Kruger is an associate justice of the California supreme court and has served as the acting principal deputy solicitor general under the Barack Obama administration.Childs currently sits on the US district court for the district of South Carolina and was previously nominated by Biden for a seat on the DC circuit court of appeals.The impending retirement of supreme court associate justice Stephen Breyer has given Biden has the opportunity to fulfill one of his campaign promises: to appoint a Black woman to the supreme court.On Sunday evening Cedric L Richmond, director of the White House office of public engagement, told members of the organization Win With Black Women that “we’re close”.“We know what some of the attacks are going to be: not qualified, affirmative action pick… Well, it wasn’t ‘affirmative action pick’ when we just picked friends, white friends of the president, for all these decades. You know, it was just patronage or whatever they wanted to call it,” Richmond said, according to a source who has direct knowledge of the private conference call.Biden, who is dealing with a growing crisis between Ukraine and Russia, has set the end of February as his deadline to pick a nominee. According to CNN, White House officials have reached out to liberal groups to inform them that Biden will not be shifting from his timeline and urged them to support “top tier” candidates against critics’ attacks.In a statement on Tuesday, Andrew Bates, a White House spokesperson, said Biden has not yet made a decision.“The President has not yet chosen a nominee. He continues to evaluate eminently qualified individuals in the mold of Justice [Stephen] Breyer who have the strongest records, intellect, character, and dedication to the rule of law that anyone could ask for – and all of whom would be deserving of bipartisan support. He looks forward to announcing a nominee this month.”TopicsUS supreme courtBiden administrationLaw (US)US politicsnewsReuse this content More

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      Cruz: Biden promise to put Black woman on supreme court is racial discrimination

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      Cruz: Biden promise to put Black woman on supreme court is racial discriminationJustices have been chosen on grounds of identity before, as Trump did when he picked a woman to replace Ruth Bader Ginsburg The Republican senator Ted Cruz complained on Sunday that Joe Biden’s promise to nominate a Black woman to the supreme court was an instance of racial discrimination – but also claimed the GOP would not drag the eventual nominee “into the gutter” in confirmation hearings.The US supreme court is letting racist discrimination run wild in the election system | Carol AndersonRead more“Democrats today believe in racial discrimination,” Cruz told Fox News Sunday. “They’re they’re committed to it as a political proposition. I think it is wrong to stand up and say, ‘We’re going to discriminate.’”Biden made his promise on the campaign trail in 2020. Stephen Breyer, the oldest justice on the court, announced his retirement last month.James Clyburn, the South Carolina congressman and House whip, was instrumental in securing Biden’s promise. He has pushed for the nomination of J Michelle Childs, a judge from his state who has also attracted support from Lindsey Graham, like Cruz an influential Republican on the Senate judiciary committee.Childs is reported to be on a short list of three.“This administration is going to discriminate,” Cruz insisted. “What the president said is that only African American women are eligible for this slot, that 94% of Americans are ineligible.”The Texas senator’s host, Bill Hemmer, did not point out that justices have been chosen on grounds of identity before.The last Republican president, Donald Trump, promised to pick a woman to replace Ruth Bader Ginsburg, then did so when the liberal lion died in September 2020. Cruz championed the nominee, Amy Coney Barrett, a hardline Catholic conservative.As a result of Trump’s three picks, conservatives outnumber liberals on the court 6-3. The replacement of Breyer, which could be Biden’s sole nomination if Republicans win back the Senate, will not alter that balance.Cruz is an accomplished conservative provocateur. On Sunday, he chose a provocative example of a jurist who he said would not qualify for consideration by Biden: Merrick Garland.“Merrick Garland, whom Barack Obama nominated to the supreme court, was told, ‘Sorry, you’re the wrong skin color and wrong gender, you’re not eligible to be considered.’”Garland is now attorney general, and thus unlikely to be considered for a supreme court seat in any eventuality.Furthermore, Cruz was among Senate Republicans who were not sorry to block even a hearing for Garland when he was nominated to replace Antonin Scalia in early 2016, claiming the conservative died too close to an election for a replacement to be considered.Cruz was also among Republicans who were not sorry to replace Ginsburg with Coney Barrett less than two months before the 2020 election.The Texas senator also said he would consider Biden’s nominee “on the record and I’m confident the Senate judiciary committee will have a vigorous process examining that nominee’s record. And what I can tell you right now is we’re not going to do what the Democrats did with Brett Kavanaugh.”Kavanaugh faced accusations of sexual assault, which he vehemently denied. Democratic failed to block his confirmation.“We’re not going to go into the gutter,” Cruz said. “We’re not going to engage in personal slime and attacks. We’re going to focus on the nominee’s record on substance and what kind of justice she would make. And that’s the constitutional responsibility of the Senate.”TopicsUS supreme courtTed CruzRepublicansUS politicsLaw (US)RacenewsReuse this content More

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      The US supreme court is letting racist discrimination run wild in the election system | Carol Anderson

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      The US supreme court is letting racist discrimination run wild in the election systemCarol AndersonThe court has approved or tolerated massive voter roll purges, extreme gerrymandering and election laws that have a disparate impact on minorities The US supreme court, in a 5-4 decision, used the ruse that it was too close to an election – three months away – to scrap a racially discriminatory, Republican-drawn legislative map in Alabama. A lower court had previously ruled against the state because its gerrymandered congressional districts diluted the voting strength of African Americans by ensuring that 27% of Alabama’s population would garner only 14% of the state’s congressional representation. But that reality didn’t faze five justices; the US supreme court was just fine with letting a policy designed to disfranchise Black voters unfurl and do its damage in an oncoming federal election.The echoes of a brutal past are resonating in this decision.After the civil war, Congress passed the 1867 Reconstruction Act, which provided that Black men had the right to vote, and then Congress followed that with the 15th amendment, which banned states from using race, color or previous conditions of servitude to undermine the right to vote.In a series of decisions in the late 19th and early to mid-20th centuries, however, the supreme court systematically dismantled those protections, as well as others crafted to support African Americans’ citizenship rights and defend against white domestic terrorism waged by the Ku Klux Klan and similar organizations. Focusing on voting rights gives some indication of how pernicious the decisions were. The 1874 Minor v Happersett ruling asserted that the right to vote was not part and parcel of American citizenship.In 1876, United States v Reese et al dealt with a Black man who was trapped in a malicious catch-22 that prevented him from voting. He tried to pay his poll tax, which was required to vote, but the tax collector refused to accept the payment and the registrars would not allow him to cast a ballot without payment. The court ruled, despite this crude and brazen denial of his right to vote, that the 15th amendment “does not confer the right of suffrage upon any one”.As states then began fully implementing Jim Crow legislation to disfranchise African Americans, the court, in the Williams v Mississippi (1898) decision, looked at the poll tax and the literacy test and ruled that those chokepoints to the ballot box – which had already removed 90% of registered Black voters in Mississippi from the rolls – did not violate the 15th amendment.In a 1903 case out of Alabama, Giles v Harris, the supreme court determined that it was powerless to stop a state from disfranchising Black voters even if the methods were unconstitutional.This assault on African Americans’ right to vote was an assault on American democracy aided and abetted by the highest court in the land. The results were devastating. By 1960, there were counties in Alabama that had no Black voters registered, while simultaneously having more than 100% of white age-eligible voters on the rolls. In Mississippi a mere 6.7% of eligible Black adults were registered to vote.It took the blood, the courage and the martyrdom of civil rights workers combined with the political spine of a president and congressional leaders to break this stranglehold on the right to vote. The legislature passed and President Lyndon Johnson signed the Voting Rights Act (VRA), which would save America from its worst self. And, this time, in the late 1960s, the US supreme court came down on the side of democracy and the 15th amendment. Two crucial decisions buttressed the VRA, noting that it was not only constitutional but also created to deal with “the subtle, as well as the obvious, state regulations which have the effect of denying citizens their right to vote because of race”.The Roberts court, however, bears no resemblance to the one in the 1960s and has all the anti-voting rights earmarks of the court after the civil war. The Roberts court’s assault on the VRA and the 15th amendment has been relentless and brutal to American democracy.The Shelby County v Holder (2013) decision ended the most powerful tool in the VRA’s wheelhouse, pre-clearance, and allowed states and jurisdictions with a demonstrated history of racial discrimination to implement laws and election policies without the prior approval of the US Department of Justice or the federal court in Washington DC.Within two hours of that decision, Texas implemented a voter ID law that led district court Judge Nelva Gonzales Ramos to rule that the new measure not only had a discriminatory effect, it also had a discriminatory intent. The state appealed to the fifth circuit, pleading with the judges to not dismantle the voter ID law because it would be too disruptive to the looming midterm election in 2014.When the case reached the US supreme court, Justice Antonin Scalia’s majority ruled in favor of Texas without comment. Justice Ruth Bader Ginsburg’s dissent, however, tore away at the state’s ruse that it was too close to the midterms to stop a racially discriminatory law in its tracks. The greatest threat to confidence in elections, she wrote, was to allow a “purposefully discriminatory law, one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters” to be used in a federal election.But the majority on the US supreme court was fine with letting discrimination run wild in the election system.That has been abundantly clear in a number of voting rights cases that have come before the Roberts court since the Shelby County v Holder decision. Each one, whether massive voter roll purges in violation of the National Voter Registration Act, extreme partisan gerrymandered districts, or election laws that have a disparate impact on minorities, has been approved, either by acts of commission or omission, by the US supreme court.There are consequences.The very legitimacy of the court is at stake. Right now it’s as precariously perched as the right to vote and American democracy. Unfortunately, the Roberts court has played a major, horrific role in this preventable disaster.
      Carol Anderson is the Charles Howard Candler professor of African American studies at Emory University and the author of White Rage: The Unspoken Truth of Our Racial Divide and One Person, No Vote: How Voter Suppression is Destroying Our Democracy. She is a contributor to the Guardian
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      National Archives reportedly asks DoJ to investigate Trump document handling

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      National Archives reportedly asks DoJ to investigate Trump document handlingRequest follows reports of Trump tearing up documents and sending boxes of files to Mar-a-Lago property The National Archives and Records Administration (Nara) has asked the justice department to investigate whether the former US president Donald Trump violated federal law in the handling of documents, the Washington Post has reported. The Associated Press was unable to independently confirm the report.The referral followed several Washington Post stories chronicling how Trump dealt with documents, including tearing them up. In one report, confirmed by the archives, the agency arranged the transport of 15 boxes of documents from the Mar-a-Lago property in Florida after Trump’s representatives discovered them and notified the archives.The Washington Post says the referral is asking the justice department to investigate whether Trump violated the Presidential Records Act, which requires that all presidential records of an administration be turned over to the National Archives when a president leaves office.The archives did not return multiple messages seeking comment. The justice department declined to comment. In a statement, Trump said: “Following collaborative and respectful discussions, the National Archives and Records Administration (Nara) arranged for the transport of boxes that contained presidential records in compliance with the Presidential Records Act” from Mar-a-Lago that will one day become part of the Donald J Trump presidential library.The media’s “characterisation of my relationship with Nara is fake news. It was exactly the opposite. It was a great honour to work with Nara to help formally preserve the Trump legacy,” said Trump.The archive acknowledged this week that Trump representatives had been cooperating with Nara and had located records “that had not been transferred to the National Archives at the end of the Trump administration”. Nara arranged for them to be transported to Washington. “Nara officials did not visit or raid the Mar-a-Lago property,” the agency said.Nara said the former president’s representatives are continuing to search for additional records that belong to the archives.In a separate statement, David S Ferriero, the archivist of the United States, said: “Whether through the creation of adequate and proper documentation, sound records management practices, the preservation of records, or the timely transfer of them to the National Archives at the end of an administration, there should be no question as to need for both diligence and vigilance. Records matter.”Supreme court rejects Trump bid to shield documents from January 6 panelRead moreThe issue of presidential records, the Trump administration and the archives has been central to the investigation by the House committee investigating the insurrection on 6 January that sought to stop the certification of the 2020 presidential election. Trump tried to withhold White House documents in a dispute that rose to the supreme court.In an 8-1 ruling last month, the court let stand a lower court ruling that said the archives could turn over documents, which include presidential diaries, visitor logs, speech drafts and handwritten notes dealing with 6 January from the files of the former chief of staff Mark Meadows. At the time, the House committee agreed to defer its attempt to retrieve some documents, at the request of the Biden administration.A referral for potential criminal prosecution from a federal agency or from Congress does not mean the justice department is likely to bring charges or that it will even investigate the matter.Questions about Trump’s handling of records date back to 2018, when Politico reported that Trump aides, fearing he might violate the law, routinely pieced together documents with tape because of his habit of tearing them up.TopicsDonald TrumpUS supreme courtUS justice systemNational ArchivesLaw (US)US politicsnewsReuse this content More

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      Why are rightwingers so opposed to a Black woman supreme court nominee? | Thomas Zimmer

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      Why are US rightwingers so opposed to a Black woman supreme court nominee?Thomas ZimmerThe right’s alarmed reaction to Biden’s pledge to nominate a Black woman to the supreme court reveals the conservative siege mentality When Joe Biden publicly pledged to nominate a Black woman to the US supreme court, conservative politicians, activists, and intellectuals certainly didn’t try to hide their disdain. The announcement was “offensive,” Texas Senator Ted Cruz argued, proof that the President didn’t care about 94% of Americans (everyone who is not a Black woman); and even though it’s unclear who the candidate will be, Mississippi Senator Roger Wicker already knows he won’t support this affirmative action “beneficiary.” Tucker Carlson railed against Biden’s “casual racism,” and the conservative legal establishment also vowed to fight against this “lesser Black woman,” as Ilya Shapiro, the vice president of the Cato Institute, put it. Legal scholar Jonathan Turley, finally, bemoaned “exclusionary criteria of race and sex” – which apparently is a problem only if and when they result in the selection of someone who is *not* a white man. Let’s remember: 115 people have been appointed to the court in its 232-year existence – seven have not been white men. Seven.Biden to nominate first Black woman to sit on supreme court by end of FebruaryRead moreThis rather alarmed response tells us a lot about how the right views the political conflict, precisely because it is seemingly at odds with the fact that the conservative majority on the court is not in jeopardy. Any assessment of these reactions must start by recognizing their racist and sexist nature. They are revealing precisely because they were so reflexive, so visceral. Misogynoir – anti-Black misogyny – forms the basis of this conservative scorn.But there is something else on display here too. A Black woman replacing Justice Breyer won’t change the court’s arithmetic. And yet, conservatives still feel threatened by Biden’s announcement because they understand it symbolizes the recognition that having white men dominate the powerful institutions of American life is a problem – and that rectifying this imbalance is an urgent task. They reject the notion that the country’s institutions should reflect the composition of the people; they know representation matters, and that a Black woman ascending to a position like this is also an acknowledgment of past injustice.Conservatives see Biden’s announcement as an indication of how powerful the forces of liberalism, “wokeism,” and multiculturalism – those radically “Un-American” ideas that are threatening “real” (read: white Christian patriarchal) America – have already become. In this way, Biden’s pledge is perceived as yet more evidence that the Right is on the retreat. It is impossible to understand conservative politics in general without grappling with this pervasive siege mentality.The fact that a reactionary majority will dominate the supreme court for a generation doesn’t do much to alleviate these fears. The Right doesn’t look at the Court in isolation, but considers the judiciary as part of an all-encompassing conflict over the fate of America. And conservatives understand clearly that this conflict isn’t confined to the political realm, but plays out in all areas of American life: it defines politics, society, culture – and in some of these spheres, conservatives are indeed losing.The Right is reacting to something real: due to political, cultural, and demographic changes, the country has indeed become less white, less conservative, less Christian. The balance of political power doesn’t (yet) reflect that, as the US system has many undemocratic distortions and is deliberately set up in a way that disconnects these changing demographic and cultural realities from political power. But conservatives realize that their vision for American society has come under pressure.Nothing symbolized this threat to white dominance like Barack Obama’s presidency – an outrageous subversion of what reactionaries understand as America’s natural order, made worse by the fact that the first Black president managed to get re-elected with less than 40% of the white vote. Republicans are attempting to undermine democracy because they are under no illusion about the lack of majority support for their preferred version of “real” America.The fact remains that conservatives have secured a stable majority on the supreme court, thereby guaranteeing that the court will support the reactionary political project. But it is not just political power they seek, but cultural domination and affirmation. In the cultural sphere, the shift in power away from white conservatives has been more pronounced, leading to the recurring rightwing moral panics of recent years.The freak-outs over #MeToo, “cancel culture” and “wokeism” are reactions to the fact that traditionally marginalized groups have indeed gained enough political and cultural influence to make their claims heard and demand a modicum of respect. It has traditionally been the prerogative of a white male elite to determine what is and what is not acceptable in US society. That prerogative has come under fire, and it’s not something the judiciary can fully restore.It’s important to note that it’s really more the potential of losing privilege that is animating these reactionary panics. In practice, the traditional power structures have held up mostly fine. But still, the privileged status of white men has never been under more scrutiny. Put simply, being a member of the white male elite is slightly less comfortable today than it used to be.Against this broader background, conservatives understand Biden’s announcement as evidence that the dreaded forces responsible for the general assault on white male rule keep ascending within America’s institutions. Whether or not it has any immediate effect on the supreme court’s decisions, for a movement centered around the idea that America is a white Christian patriarchal nation, a place where white Christian men have a Right to dominate, a Black woman rising remains a threat.President Biden’s public pledge to nominate a Black woman to the supreme court represents an affirmation of multiracial pluralism. That’s why it matters. It’s an acknowledgment that the traditional dominance of white men was never the result of meritocratic structures, but of a discriminatory system, and that it’s time to dismantle that system. It will help redefine what the American political, social, and cultural elite looks like – reshaping ideas in the collective imaginary of the nation of who gets to be at the top. As multiracial, pluralistic democracy is under assault, that matters a lot.
      Thomas Zimmer is a visiting professor at Georgetown University, focused on the history of democracy and its discontents in the United States, and a Guardian US contributing opinion writer
      TopicsUS newsOpinionUS politicsUS supreme courtRaceLaw (US)commentReuse this content More

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      Supreme court: Stephen Breyer ‘did not want to die on bench’, says brother

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      Supreme court: Stephen Breyer ‘did not want to die on bench’, says brotherPressure campaign was fired by fear of repeat of disaster when Republicans replaced Ruth Bader Ginsburg

      Biden poised to appoint first Black female justice
      01:03Stephen Breyer, the supreme court justice who announced his retirement this week, “did not want to die on the bench”.White House burns Wicker for criticising Biden supreme court pickRead moreSo his brother, the federal judge Charles Breyer, told the Washington Post at the end of a momentous week in US politics.Democrats, meanwhile, rejected Republican complaints that Joe Biden’s pledge to nominate the first Black woman to the court meant he was prioritising politics over qualifications, or endorsing racially based affirmative action, or that the new justice would be too liberal.The Democratic chair of the Senate judiciary committee hinted at claims some criticism may be racially motivated, saying he hoped Republicans were not “doing it for personal reasons”.Breyer’s decision to step down, at 83, gives Biden the chance to nominate a liberal replacement. The pick will not alter the balance of the court, which conservatives dominate 6-3 after Donald Trump capitalised on ruthless Republican tactics to install three justices in four years.But progressives campaigned to convince Breyer to quit, many citing what happened when Ruth Bader Ginsburg died on the court in September 2020. Republicans who held the Senate confirmed her replacement – the hardline Catholic Amy Coney Barrett, nominated after Trump promised to pick a woman – before the November election.Democrats should be able to confirm Biden’s pick without Republican votes but they face losing the Senate in November. With that in mind, the campaign to convince Breyer picked up speed. Breyer spoke about how the court should not be politicised but one activist, Brian Fallon of Demand Justice, told the Post: “You have to view this as a political fight. It’s not a legal fight.”Charles Breyer told the Post his brother “was aware of this campaign. I think what impressed him was not the campaign but the logic of the campaign.“And he thought he should take into account the fact that this was an opportunity for a Democratic president – and he was appointed by a Democratic president [Bill Clinton] – to fill his position with someone who is like-minded. He did not want to die on the bench.”On Sunday, Dick Durbin of Illinois, chair of the Senate judiciary committee, told NBC’s Meet the Press: “I didn’t feel that external pressure was really helpful at all. [Breyer] had to make this decision. It is an important and timely decision in his life as to the right moment. And I didn’t want to push him, and I didn’t.”But a congressman who campaigned for Breyer to retire, Mondaire Jones of New York, told the Post that though “people adore Ruth Bader Ginsburg … the fact is, due to decisions or non-decisions around retirement, made by her, we got Amy Coney Barrett.”The Post said the White House did not pressure Breyer.“None of the justices want to be told when to leave,” Charles Breyer said. “They want to decide themselves. And that, I think, the president and others recognised. It actually worked out.”Republicans have signaled a willingness to make life uncomfortable for Biden’s nominee – as revenge for what happened to Brett Kavanaugh.Trump’s second pick, replacing the retiring Anthony Kennedy, faced accusations of sexual assault. He vehemently denied them. Democrats prominently including Kamala Harris, then a California senator, vehemently attacked him. Harris is now vice-president, presiding over the 50-50 Senate with a vote to confirm Biden’s pick.On Friday, the Republican senator Roger Wicker told Mississippi radio the Kavanaugh confirmation was “one of the most disgraceful, shameful things and completely untruthful things that [Democrats have] ever, ever done”.Wicker also predicted that Biden’s nominee would get no Republican votes. He said so in part because the GOP expects a more progressive choice than Breyer, who Wicker called a “nice, stately liberal”. But Wicker also complained about “affirmative racial discrimination [for] someone who is the beneficiary of this sort of quota”, at a time when the court seems poised to rule such practices unconstitutional.The White House reminded Wicker of his unquestioning support for Barrett.Speaking to ABC’s This Week, Durbin said Republicans should “recall that it was Ronald Reagan who announced that he was going to appoint a woman to the supreme court, and he did, Sandra Day O’Connor, and it was Donald Trump who announced that he was going to replace Ruth Bader Ginsburg with a woman nominee as well.“African American women, if they have achieved the level of success in the practice of law and jurisprudence, they’ve done it against great odds. They’re extraordinary people … they’re all going to face the same close scrutiny.US supreme court will hear challenge to affirmative action in college admissionRead more“… I just hope that those who are critical of the president’s selection aren’t doing it for personal reasons.”Tom Cotton, an Arkansas Republican senator, told Fox News Sunday Republicans would probably not support Biden’s pick “because I’ve seen dozens of his nominees to the lower courts and they’ve almost to person been leftwing ideologues”.Cotton also complained about Democrats’ treatment of Clarence Thomas, who was accused of sexual harassment in a stormy confirmation process, Biden playing a leading role as a senator from Delaware, in 1991.Most expect Democrats to move quickly. Durbin told NBC: “A great deal depends on the nominee. If the person has been before the committee seeking approval for a circuit court, then the committee knows quite a bit about that person.“If there are no new developments for someone who’s been before the committee in the previous year or two, it makes a real difference.”A leading contender, Ketanji Brown Jackson, was confirmed to the DC appeals court last June with Republican support. She replaced Merrick Garland, Biden’s attorney general who was nominated to the supreme court by Barack Obama in 2016 but blocked by Republicans.“I can just say this,” Durbin said. “It’s going to be fair, it’s going to be deliberate and we’re going to be timely about it too. This is a lifetime appointment to the highest court in the land. We should take it seriously.”TopicsUS supreme courtUS constitution and civil libertiesLaw (US)US politicsBiden administrationJoe BidenDemocratsnewsReuse this content More

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      White House burns Wicker for criticising Biden supreme court pick

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      White House burns Wicker for criticising Biden supreme court pickRepublican senator says choice will be beneficiary of affirmative action but critics point to support for Trump vow to pick woman

      Leading contenders for Biden’s supreme court pick
      01:03In a barbed intervention on Saturday, the White House said it hoped a Republican senator who complained that Joe Biden’s supreme court pick would be the beneficiary of race-based affirmative action, would give the nominee the same consideration he gave Amy Coney Barrett.Who has more influence on supreme court: Clarence Thomas or his activist wife?Read moreBarrett was nominated and confirmed shortly before the 2020 election, after Donald Trump pledged to pick a woman to replace Ruth Bader Ginsburg. The hardline Catholic duly succeeded the liberal lion, establishing a 6-3 conservative majority.Biden has pledged to put the first Black woman on the court as a replacement for Stephen Breyer, the 83-year-old liberal who this week announced his retirement.On Friday, Roger Wicker of Mississippi complained that Biden’s pick would therefore be a beneficiary of race-based affirmative action, which the court seems poised to declare unconstitutional, having said it will consider a challenge concerning college admissions.Wicker told a radio station in his state: “The irony is that the supreme court is at the very time hearing cases about this sort of affirmative racial discrimination while adding someone who is the beneficiary of this sort of quota.“The majority of the court may be saying writ large that it’s unconstitutional. We’ll see how that irony works out.”On Saturday, a White House spokesperson noted that after Trump promised to pick a woman, Wicker merely said he hoped Barrett would be “an inspiration” to his granddaughters.“We hope Senator Wicker will give President Biden’s nominee the same consideration he gave to then-Judge Barrett,” the spokesperson said.Breyer has protested that the court is not political, but though his retirement will not give Biden a chance to change the ideological balance of the panel, the president will be able to install a younger liberal before Democrats defend control of the Senate.Many have seen rich historic irony in conservative complaints about Biden’s pledge to nominate based on race and gender.The historian Rick Perlstein was among those to point out that Ronald Reagan, the hero of the modern Republican party, chose a justice entirely because she was a woman.Before his victory over Jimmy Carter in 1980, Reagan announced that “one of the first supreme court vacancies in my administration will be filled by the most qualified woman I can possibly find”.He duly nominated Sandra Day O’Connor, a political moderate and the first woman to sit on the court.“She was totally unqualified on paper,” Perlstein said, on Twitter. “[Zero] con[stitutional] law experience. Reagan lucked out.”Wicker also told SuperTalk Mississippi Radio he feared Biden’s pick would be more progressive than Breyer.“We’re going to go from a nice, stately liberal to someone who’s probably more in the style of Sonia Sotomayor,” the senator said, adding: “I hope it’s at least someone who will at least not misrepresent the facts. I think they will misinterpret the law.”Many observers made Ketanji Brown Jackson, 51, and a member of the US court of appeals for the DC circuit, favourite to be Biden’s pick. Jackson replaced Merrick Garland, now attorney general but in 2016, the nominee Republicans refused to give even a hearing when Barack Obama picked him to replace Antonin Scalia.Liberals across America sigh with relief about Justice Breyer’s retirement | Moira DoneganRead moreAn era of bitter partisan warfare ensued. This time, Democrats will court Republican moderates such as Lisa Murkowski of Alaska, Susan Collins of Maine and Mitt Romney of Utah. But Wicker said Biden’s pick would in all likelihood “not get a single Republican vote”.“But we will not treat her like the Democrats did Brett Kavanaugh,” he said, in reference to the bitter fight over Trump’s second nominee, who denied accusations of sexual assault.Democrats need only stick together to succeed. Thanks to a Republican rule change, nominees require only a simple majority. The Senate is split 50-50 but controlled by the casting vote of the vice-president, Kamala Harris.Wicker pointed to a wish for at least symbolic vengeance, saying the Kavanaugh fight “was one of the most disgraceful, shameful things and completely untruthful things that [Democrats on the Senate judiciary committee have] ever, ever done”.TopicsUS supreme courtJoe BidenRepublicansUS politicsLaw (US)newsReuse this content More