Harvard law professor Alan Dershowitz joined Maria Bartiromo on Sunday Morning Futures to discuss Brandon’s upcoming Supreme Court pick.
Brandon announced earlier this week that his selection to replace Justice Breyer will be a black woman. All others need not apply.
On Sunday Alan Dershowitz argued that this move by Brandon is likely unconstitutional.
Alan Dershowitz: I think it may be unconstitutional. If he had said he was going to appoint the first… Muslim to the court, that would be unconstitutional. As the Constitution, Article 6, specifically provides that no religious test should ever be required. I think the 14th and 19th Amendments also extend that to no racial or gender tests. Nobody should ever be excluded because they don’t fit a racial or gender criteria. There are enormous numbers of qualified black judges who would make great appointees to the Supreme Court. And I would applaud if the president picked someone who also fit that criteria. But to announce in advance, no whites, no males apply, brings us back to the when the Supreme Court was exclusively a white male institution.