Sunday Morning Features- Fox News Photo.
Is it unconstitutional to pick a Supreme Court Justice only on race? We know it is if it were solely based on Religion, that would also be unconstitutional. Seems like Alan Dershowitz agrees with me also.
“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.”