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Democratic Vice President Kamala Harris has said that having a Black woman sitting as a justice on the Supreme Court would "reflect" the diverse racial makeup of the United States.
With current Justice Stephen Breyer's recent retirement announcement, Democratic President Joe Biden has promised to fill the vacancy with a Black woman. In response, Republican Texas Senator Ted Cruz said he found Biden's pledge "offensive" because it tells "94 percent of America" that they're "ineligible" for the job.
Telemundo News journalist Julio Vaqueiro asked Harris about Cruz's comment during an interview broadcast on Thursday night.
"The idea that there would be a Black woman on the court is about ensuring that this court makes decisions in a way that reflect the experiences of all Americans," Harris responded.
"The court that makes decisions that are fundamental to how we experience life—whether we have our constitutional rights, what's their impact—that court should represent the people of the country. It should be representative of the people who will be impacted by their decisions," Harris continued.
Furthermore, she said that when the court issues its rulings, diversity in the court ensures that "all viewpoints have been considered when the law is written."
Indeed, once selected, the future nominee is likely to hear cases on issues like affirmative action and abortion rights.
When asked about Cruz's remark on Tuesday, White House Press Secretary Jen Psaki noted that Cruz and other Republicans didn't complain when former President Donald Trump vowed to nominate a woman to replace late Justice Ruth Bader Ginsburg in 2020.
"During [Amy Coney Barrett's] confirmation hearing," Psaki noted, "Senator Cruz said, 'I think you're an amazing role model for little girls. What advice would you give little girls?'"
Other conservatives, like Republican Missouri Senator Josh Hawley and conservative commentator Ben Shapiro, have said that they find Biden's pledge discriminatory against possible non-Black nominees. Republican Mississippi Senator Roger Wicker went so far as to say that Biden's pick will be an affirmative action beneficiary who will "misinterpret the law."
However, there is a clear precedent from both parties of choosing nominees based on their background. When conservatives say that Biden's pick will be based on "affirmative action," it's often a "racist dog whistle" that denies the existence of the many qualified Black judges who could fill Breyer's seat, constitutional law scholar Gregory Magarian told Newsweek.
Roughly 86 percent of Black female voters support nominating a Black woman to the court, according to a recent survey from the polling firm Higher Heights. But another poll found that only 23 percent of all U.S. voters approved of Biden's pledge to choose a Black woman.
"There are zero Black women on the Supreme Court, zero Black women in the Senate, zero Black women governors, and zero Black women have ever served as president of this country," said Higher Heights president and CEO Glynda C. Carr.
"There is no doubt that Black women are uniquely qualified to lead in these roles, and we call on President Biden to address this major gap in representation and ensure that our country's leadership is fully reflective of the people it serves, beginning with our nation's highest court," Carr said.
Newsweek has reached out to the office of Vice President Kamala Harris for further comment.
