A famed constitutional lawyer and professor emeritus, Alan Dershowitz of Harvard, is challenging Joe Biden’s race- and gender-based demand that his nominee to the U.S. Supreme Court be a black woman.
Biden made that pledge during his campaign, and repeated it when Justice Stephen Breyer announced he would retire.
Now Just the News is reporting on comments by Dershowitz, who pointed out that Biden’s scheme is on the edge of constitutionality, at best.
“If [Biden] had said he was going to restrict it to a Muslim because no Muslim has ever been appointed, it would be unconstitutional,” the lawyer, known for his liberal leanings, said in the report.
His comments, including that Biden “made a serious error” by imposing race and gender qualifications – or rather disqualifications – came on the “Just the News” show with John Solomon and Amanda Head.
He cited Article Six of the U.S. Constitution which states “no religious test shall ever be required as a qualification” to hold public office.
And he said under the 14th Amendment and the 19th Amendment, “you cannot use race and gender as a disqualifying factor in appointing people to the Supreme Court.”
Dershowitz explained, “I think it’s wonderful if the most qualified person and maybe she is a black woman, that’s great. That would add diversity to the court. I would welcome that enthusiastically, but to say to every person who’s not a black woman, ‘No, I’m sorry. You’re not qualified to serve on the Supreme Court, at least not in this appointment,’ … That just is not the American way. I don’t think it’s fair.”
The lawyer expert said he thinks Biden believes in the Constitution, but is in error” in announcing restrictions based on race and gender.
“Anybody who announces in advance gender or race or anything like that is violating the spirit of Article Six and Amendments Fourteen and Nineteen,” Dershowitz said.
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