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The New York Times: Why Biden Is Right to Nominate a Black Woman for the Supreme Court

February 3, 2022

O’Melveny partner Walter Dellinger authored this article outlining the wisdom of President Joe Biden’s pledge to nominate a Black woman as his nominee to the US Supreme Court. “This practice of considering prospective justices’ backgrounds and demographic characteristics — engaged in by presidents of both parties over the decades — is not some form of ‘quota’ designed merely to appease political constituencies. Rather, it stems from bedrock principles of democratic governance,” Dellinger wrote. “After all, the Supreme Court exercises immense power to issue decisions that affect and bind all Americans. For that power to be legitimate, and for Americans to continue placing faith in the court, its members must be representative of all of America.” With approximately 25,000 Black women attorneys in America, Biden’s list of candidates “is but a small fraction of the extremely qualified Black Women who could be appointed,” Dellinger added. “There is every reason to believe that President Biden’s nomination process will benefit by focusing on that extraordinary group for the next justice of the United States Supreme Court.”

The New York Times subscribers can read the full article here.