Jonathan Turley

“This the Constitution Forbids”: Biden’s Race and Gender Criteria for the Court Were Rejected By The Court in Past Cases

Mr. Biden is now going to create one of the more jarring and incongruous moments in the history of the Supreme Court. This fall, in the Harvard and University of North Carolina cases, the justices will hear arguments that the use of race in admissions is unlawful discrimination. One of them will have gained her seat in part through exclusionary criteria of race and sex.

Justice Powell declared in Bakke that “preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake.” By keeping his 2020 pledge, Mr. Biden will engage in discrimination for his own sake.