The estimable Dershowitz to the barricade, arguing legal issues and offering fascinating historical matters:
By limiting his choice to a Black woman, President Biden has disqualified every non-Black woman and man in America. There are a considerable number of highly qualified Black women, and I would applaud the nomination of any one of them. But that is not the issue. The issue is exclusion.
Biden should ask for a list. He
. . . should then select his nominee from that list. In doing so, he might follow the example of President Herbert Hoover, who asked his Attorney General to prepare a list of nominees to replace the great Justice Oliver Wendell Holmes, Jr.
Historians recount that Hoover showed the list to Republican Senator William Borah. Benjamin Cardozo’s name was at the bottom, along with the three reasons he should not be nominated, despite his great distinction:
“Cardozo [sic] – Jew, Democrat, New York.” Borah glanced at it. . . and told Hoover, “Your list is alright, but you handed it to me upside down . . .” and reportedly told Hoover, “Anyone who raises the question of race is unfit to advise you concerning so important a matter.”
Cardozo was nominated and confirmed.
Irrelevant, the senator said. Except politically, he might have added . . .