Analysis: Biden’s promise to nominate the first Black woman to the Supreme Court followed anger from activists over Obama’s decision not to make the historic nomination.
President Barack Obama tapped Elana Kagan, a white woman who formerly served as solicitor general and as Harvard Law School's dean, as Justice John Paul Stevens' replacement.
Some Black leaders see Obama’s reluctance to name a Black Supreme Court justice as part of his larger concern about engaging in high-profile fights over issues of race and representation. Obama had felt burned by wading into policing issues in 2009 by criticizing the arrest of Harvard professor Henry Louis Gates at his own home, a moment he later said damaged his standing with white voters.
Now, Biden is set to take the step Obama never did, preparing within days — or perhaps hours — to put forward a history-making nomination of the first Black female justice. Doing so might also be viewed as making amends.
Short lists publicly reported at the time said Obama considered a couple of Black women: Georgia Supreme Court Justice Leah Sears and 7th Circuit Court of Appeals Court Ann Williams. Both women declined to comment for this story, but Black activists said they never got the impression those candidates were seriously in the mix.
The scene replayed itself in 2016, when Justice Antonin Scalia died unexpectedly early in the year. Some Black politicians and activists again pushed the White House to pick a Black woman for the high court slot. Obama reportedly interviewed one Black man, 9th Circuit Judge Paul Watford, but no Black women seemed to be in contention.
The former Obama aide also agreed the president was concerned that anyone he picked who failed to get through the Senate would be considered damaged goods. Martin said that even if a Black woman nominee was snubbed by the Senate, there would have been considerable pressure on the Democratic presidential hopeful, Hillary Clinton, to pledge to re-nominate that person.
Biden’s 2020 pledge emerged from a commitment to the influential Clyburn as the congressman was considering whom to endorse in the days leading up to the South Carolina primary — a make-or-break test for Biden. When Biden failed to offer the pledge during the first half of a pre-primary debate in Charleston,Minutes later, in an awkward response to a question about his personal motto, Biden made his commitment.
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