Ilya Shapiro, formerly of the Cato Institute and now executive director of the Georgetown Center for the Constitution (which is headed by my co-blogger Randy Barnett), tweeted this earlier this week:
Objectively best pick for Biden is Sri Srinivasan, who is solid prog & v smart. Even has identity politics benefit of being first Asian (Indian) American. But alas doesn't fit into the latest intersectionality hierarchy so we'll get lesser black woman. Thank heaven for small favors?
Because Biden said he's only consider[ing] black women for SCOTUS, his nominee will always have an asterisk attached. Fitting that the Court takes up affirmative action next term.
Now the phrase "lesser black woman" is a bad way of putting this, but it seems to me pretty clear that it was just a poorly chosen way of saying "less qualified black woman." And that strikes me as an eminently legitimate criticism of Biden's position, though as it happens one I don't share. I think we should be having more debate about this subject, especially in law schools, rather than less; and I certainly don't think professors or center directors should be fired for expressing such views (as some having been saying should happen to Shapiro).
