There has been a lot of dialogue today about Biden saying he will nominate a black woman to the Supreme Court. Alan Dershowitz proclaimed that it is wrong to pick a justice based on identity. Now I agree but don’t think that it is illegal. Biden can pick whoever he wants. It’s his prerogative. His problem is just that he had to brag about it in the campaign, but he wanted to play to his supposed base. Now he has to deliver.

I was listening to Travis and Sexton today and they were all incensed about it and claiming it’s wrong or maybe illegal because you can’t do it if you’re running a business. And much of their concern was because whoever he picks will be viewed by a majority of the country as in the job because of race and gender.

Now here’s my problem with their take. First, look at Biden’s cabinet. Can you look at these morons and come to any conclusion other than that they check identity politics boxes? They are a totally unimpressive bunch of idiots who have totally failed at everything!

Second, and maybe unfortunately because the left has made identity more important than merit, the majority of the country will still think she’s not there because of merit. There are deserving black female jurists who do a good job but will always be suspect.

One more thing. Manchin and cocaine Mitch have announced that they will not rubber stamp a radical leftist nominee. So Biden is caught between placating the squad and not being able to get a nominee confirmed. Also there is a legal question as to whether Kamala could cast a tie breaking vote. The constitution gives her that right with respect to legislation but it’s not clear that that applies to the advice and consent function of the senate.