Compare and contrast President Biden's plan to appoint a black female to the US Supreme Court to Affirmative Action

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The Politicus
Jan 30, 2022 02:46 AM 0 Answers
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Wikipedia's Affirmative Action begins:

Affirmative action refers to a set of policies and practices within a government or organization seeking to include particular groups based on their gender, race, sexuality, creed or nationality in areas in which they are underrepresented such as education and employment.

which seems to be an imperfect but fairly good fit to Biden's plan and goal in some ways.

Yet in CNN's GOP senator criticized for remark about Biden's SCOTUS pick Constitutional Law Professor Gloria J. Browne-Marshall (twitter with several other accolades) seems to argue against this being affirmative action while at the same time stating that black women may be underrepresented in the highest courts and certainly in the Supreme Court, and Biden's plan would be in the remedial direction, which to me makes it sound a lot like affirmative action conceptually at least.

It's possible that I'm simply not following Browne-Marshall's arguments carefully enough, that's just my first take.

Question: What would be the fact-based arguments for and against President Biden's plan to appoint a black female to the US Supreme Court as being like Affirmative Action?

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  • January 30, 2022