Posted on January 31, 2022

Georgetown Law Professor Prompts Backlash by Saying Biden Will Pick ‘Lesser Black Woman’ for Supreme Court

Alexandra Ma, Insider, January 28, 2022

An incoming Georgetown Law professor prompted outrage with a tweet that said President Joe Biden would nominate a “lesser Black woman” instead of a more qualified man to join the Supreme Court.

Ilya Shapiro, a constitutional-law expert, was reacting to reports of Justice Stephen Breyer’s retirement, which gives Biden his first chance to shape the nation’s highest court.

“Objectively best pick for Biden is Sri Srinivasan, who is solid prog & v smart,” Shapiro tweeted.

“Even has identity politics benefit of being first Asian (Indian) American. But alas doesn’t fit into latest intersectionality hierarchy so we’ll get lesser black woman. Thank heaven for small favors?”

“Because Biden said he’s only consider black women for SCOTUS, his nomination will always have an asterisk attached. Fitting that the Court takes up affirmative action next term,” he wrote in a second tweet.

Shapiro was referring both to Biden’s 2020 campaign pledge to appoint the first Black female Supreme Court justice and the court’s plan to hear two cases on affirmative action in higher education later this year.

Shapiro deleted his tweets, but multiple people posted screenshots on Twitter, which prompted widespread condemnation, including from the dean of Georgetown Law, who called them appalling.

Shapiro issued an apology {snip}