Biden refuses to release list of Supreme Court nominees after pledging to appoint a black woman

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Democratic presidential nominee Joe Biden is being called out over a previous statement that he would base his first Supreme Court nominee on skin color and gender rather than a candidate’s “qualifications” to serve.

“Joe Biden promised to release a ‘list of black women’ as potential nominees to the Supreme Court,” Talking Points USA Founder and president Charlie Kirk tweeted Monday.

“By that standard—not even Justice Ginsburg would qualify to serve in the seat she filled for 27 years. Why is Joe Biden vetting nominees on their skin color not their qualifications?” Kirk added.

In February, as a still-crowded field of Democratic candidates continued vying for the party’s nomination, the former vice president pledged that his first Supreme Court appointment would be a black woman, a first.

“We talked about the Supreme Court — I’m looking forward to making sure there’s a Black woman on the Supreme Court to make sure we in fact get everyone represented,” Biden said during a Democratic debate in South Carolina.

Earlier this summer with the nomination all but officially locked up, Biden repeated the pledge and added that his campaign was already looking at potential candidates.

“We are putting together a list of African American women who are qualified and have the experience to be on the court. I am not going to release that until we go further down the line in vetting them as well,” he told reporters June 30.

Following the death of Justice Ruth Bader Ginsburg on Friday, the former VP is being pressured by President Donald Trump and his campaign to release his list of potential nominees.

“Joe Biden has refused to release his list, perhaps because he knows the names are so extremely far left that they could never withstand public scrutiny or receive acceptance,” said the president last week. “He must release a list of justices for people to properly make a decision as to how they will vote. It is very important that he do so.”

But on Monday Biden pushed back, saying that naming names was just a “game” being played by the president. He also claimed there are good reasons for not releasing a list of candidates, though Trump did so in 2016 in order to shore up his conservative bona fides with voters.

During a speech at the Constitution Center in Philadelphia on Sunday, Biden praised Ginsburg, saying she “did as much to advance the constitutional rights, opportunities, and justice for women, as Justice Marshall did for African Americans.” He also pressed the GOP Senate majority to wait until after the Nov. 3 election so the winner could nominate her successor, a change from 2016 when he, as vice president, implored the Senate to vote on President Obama’s third high court pick, Judge Merrick Garland.

Asked about his earlier pledge to release a list of high court nominees, Biden demurred and claimed to do so is “a game for them” which the Trump campaign will use to “gin up emotions and anger.”

“There’s a reason why no presidential candidate, other than Donald Trump has ever done such a thing. First, putting a judge’s name on lists like that could influence that person’s decision making as a judge. And that would be wrong,” Biden said — though the two justices Trump has named have not routinely gone along with him on issues before the court.

“Second, anyone put in a list like that under these circumstances will be subject to unrelenting political attacks, because any nominee I would select would not get hearing until 2021 at the earliest,” Biden continued, adding that he did not want his choices to be “based on a partisan election campaign.”

Trump campaign spokesman Tim Murtaugh brushed aside Biden’s explanations as excuses, then suggested that someone else would be making the choices other than him if he becomes president.

“Biden knows that he is an empty vessel for the radical left and that’s why he’s refusing to be honest with the American people about who he would want on the court,” Murtaugh said.

Trump released another list of 20 potential of Supreme Court justices last week.

In the wake of Ginsburg’s death, however, the president has said he will replace her with another woman. Subsequent reports said he was considering Amy Coney Barrett, 48, and Barbara Lagoa, 52, both of whom either served or are serving on the federal bench.

That said, Axios reported in April 2019 that the president privately told people close to him that Barrett would get the nod, noting, “I’m saving her for Ginsburg.”

Trump tweeted Tuesday morning that he would be announcing his pick Saturday at the White House, at a time to be determined.

Other users reacted to Kirk’s tweet.


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