William E. Trachman, General Counsel for Mountain States Legal Foundation, today expressed dismay that President Joe Biden would pre-winnow his list of possible Supreme Court candidates to just an African American woman, thereby eliminating and excluding, out-of-hand, the possibility of choosing any other individual for the position who doesn’t meet those criteria. This comes in the wake of today’s news that Justice Stephen Breyer will retire.
Said Trachman:
“Nominating a Supreme Court Justice based on their race and sex, instead of their ability to faithfully interpret the Constitution and law, is discriminatory and condemnable. President Biden should not exclude, for instance, Hispanics, Native Americans, Caucasians, Asian Americans, and African American men, among many others, in the selection process. We are saddened that whoever is named the eventual nominee will be the product of this race- and sex-based discriminatory nomination process. Let’s hope this is the last nomination of this nature.”


