Beyond Labels

A 360° Discussion of Foreign, National and Local Policy Issues

Biden’s Supreme Court Choice

With Stephen Breyer’s retirement, President Biden now has his first opportunity to appoint a Supreme Court justice. This has sparked a flurry of “news” about the perceived front-runners for the appointment, about how fast Biden should move (to avoid another Merrick Garland incident), about whether it’s appropriate to make (and fulfill) a campaign pledge to appoint a justice based on race and gender, among many other angles and considerations.

Here are some links (with PDFs available) provided by Peter S.

Racial Preference and Affirmative Action

NYT Opinion on Affirmative Action [PDF]

(And there have been a lot of other Affirmative Action op-eds in the last week, given the Supreme Court’s decision to take up the Students for Fair Admissions cases. Supply your favorite in the comments.)

What is “Black”?

A data point re: Barack Obama: His March 2008 speech at the Constitution Center (and a bonus musical celebration of his diversity)

One Candidate to Consider

Leondra Kruger

Maybe we’ll do “ethics” (government and business) again next week…

1 Comment

  • One angle: whether a Supreme Court nominee will follow the law, or pursue policy preferences. Here is a piece ridiculing the distinction; not sure I agree, but the distinction is a common theme.

    Another angle: religious belief as a backdrop for Judicial ethics. At least two justices (Gorsuch and Barrett) believe life is sacred from the moment of conception until the moment of natural death. Such beliefs can be expected to affect abortion and assisted suicide cases. Capital punishment has long been a low visibility division among the Justices. Given Barrett’s confirmation rush, her academic waffling on the subject didn’t get much attention. She joined the liberal three in dissenting on an Alabama execution last Friday.


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