Georgetown Law’s Newest Hire Thinks Biden Will Nominate ‘Lesser Black Women’ To The Supreme Court

//

(Image via Getty)

Since the news of Justice Stephen Breyer’s coming retirement, many of us have felt uneasy. After the initial surprise of hearing about Breyer’s retirement — and the dearth of ice cream-related humor — my mind jumped to wondering if Biden, like Obama, will just end up getting Merrick’d again. Of course things are different now — Democrats control the Senate. But if the beginning of Trump’s Joker Arc has taught us anything, it should be that politics come with ripples.

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-top-300x250" ); googletag.enableServices(); });

The appointment of the first Black woman for SCOTUS being all but guaranteed is nice, but I’m still worried about what happens now. I know I’m not the only one. The nomination hopefuls, Ketanji Brown Jackson and Leondra Kruger, are both are well-decorated and qualified, but where is Black success, there is white backlash.

Sponsored Three Traits That Make For An Unrivaled Attorney There are three traits that every attorney needs to be successful – to take on a new legal task feeling unrivaled. From Above the Law And Thomson Reuters

Though they are not the only ones, the figureheads of this occasion’s saltiness are Ilya Shapiro and Ben Shapiro. For the sake of clarity, I’ll be referring to them both by first name throughout.

Also, there's a reason Democrats never miss with their SCOTUS picks: they overtly choose wild Leftists. That's the only real qualification. They wouldn't care whether Biden nominated an HLS grad who clerked for Breyer or Cardi B, so long as that person voted reliably Left.

— Ben Shapiro (@benshapiro) January 27, 2022

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-middle-300x250" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-storycontent-440x100" ); googletag.enableServices(); }); googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-in-story-youtube-1x1" ); googletag.enableServices(); });

Though Ilya’s tweet has since been deleted, Twitter remembers all.

when you’re definitely having a normal one pic.twitter.com/8HdlM3oR2l

— b-boy bouiebaisse (@jbouie) January 27, 2022

Sponsored Sponsored A Faster Way To Perfect Your Legal Briefs These new tools can not only accomplish far more than the average human in far less time but also produce better, more reliable results. From Above the Law And Thomson Reuters Sponsored The Definitive Guide To Scaling Your Law Firm Your Step-by-Step Roadmap for Making 2022 Your Best Year Ever. From Unbundled Attorney and Above The Law Sponsored Are You Looking For A Transition Into A First-Class In House Role? Look no further. Successful private equity investor in New York is looking to fill the role of Chief Legal Counsel. From Kinney Recruiting Sponsored Are You Looking For A Transition Into A First-Class In House Role? Look no further. Successful private equity investor in New York is looking to fill the role of Chief Legal Counsel. From Kinney Recruiting

 

I think that Ben’s take is the run-of-the-mill one that everyone expected. And in a vacuum, it even makes sense. But when you look at the accusation that “this” decision is affirmative action from a historical approach, or that Biden is doing something unique by preferring candidates over others, the argument breaks down a bit. White folks have been benefiting from affirmative action for centuries. Of the 115 SCOTUS justices we’ve had since inception, seven of them have not been white men. Given that the decision to nominate a Black woman comes after centuries of white maleness being a requirement to don the robes, it reeks of bad faith to say that decisions ought be made without regard to identity when done in the name of equity.

And the argument that the only real qualification for Biden’s nominated judge be that they vote “Left” on issues… Amy Coney Barrett is one of the least experienced judges to take the bench in the last 30 years. And besides the not being able to name the five freedoms in the First Amendment at her confirmation hearing, there is this whole thing.

googletag.cmd.push( function() { // Enable lazy loading. googletag.pubads().enableLazyLoad({ renderMarginPercent: 150, mobileScaling: 2 }); // Display ad. googletag.display( "div-id-for-bottom-300x250" ); googletag.enableServices(); });

Barrett's Senate questionnaire asked her to name her 10 most significant litigation matters.

She could only name 3 cases. She was not lead counsel on any of them.

Where were your "qualification" concerns then?https://t.co/SzLMU3ojKS pic.twitter.com/a80JA7VW6d

— Max Kennerly (@MaxKennerly) January 27, 2022

Ben has nice Reddit-level rhetorical race bait flourishes, but I don’t think they  really hold up under scrutiny.

Sponsored Sponsored Three Traits That Make For An Unrivaled Attorney There are three traits that every attorney needs to be successful – to take on a new legal task feeling unrivaled. From Above the Law And Thomson Reuters Sponsored GCs: When Do You *Really* Need An Elite Law Firm? An agile approach to legal resourcing can bolster your department. Here’s how. From Above The Law and Axiom

The real issue is Ilya’s “intersectionality hierarchy” argument. We really couldn’t make it one day before some dude pits the minorities against each other, Oppression Olympics style? There is no doubt that Sri Srinivasan or Goodwin Liu would make phenomenal justices, but whataboutism? In this economy? You know the nominations are good when naysayers have to resort to red herrings instead of addressing the merits of the candidates. The thing that makes this such good bait — presenting a model minority as you put down a class (the “lesser Black women” ad hom) is that it occasionally prompts the classic crabs-in-a-bucket response. The right move here is a recognition of solidarity that does not come at each other’s expense.

This tweet is just a double dunk on both Shapiros. C’est la vie.

"Objectively," "lesser," "solely." Sure, guys.

I guarantee you Biden's nominee will be better qualified than Kavanaugh and Barrett, neither of whom ever represented a client as lead counsel. Neither of them even saw a civil or criminal case through from start to finish. pic.twitter.com/Zt4TTUkWhJ

— Max Kennerly (@MaxKennerly) January 27, 2022

 

In response people, notably Georgetown Law’s alum, have been taking Ilya to task.

I hate to draw attention to this troll because attention is what he craves. But now that @GeorgetownLaw has hired him, I feel an obligation to condemn his overt and nauseating racism, which has been a matter of public record for some time. I am deeply ashamed of my alma mater. pic.twitter.com/OQaHPzZ8gK

— Mark Joseph Stern (@mjs_DC) January 27, 2022

This isn’t Ilya’s first time, of course.

Nah, you said that with your entire chest (and not for the first time). Your hood just slipped a bit more this time around. You think anyone who’s not a white man is ‘lesser than’. pic.twitter.com/FghRGpd9kb

— Lori Granito 💛🐝 (@lorigspeaks) January 27, 2022

Even the Dean of  GULC spoke out against Ilya’s choice of words. Kind of.

Bill Treanor, dean of Georgetown University Law Center, sent a school-wide email condemning future GULC professor Ilya Shapiro's racist tweets this morning. pic.twitter.com/OcD39ls8we

— Mark Joseph Stern (@mjs_DC) January 27, 2022

Without there being some actual consequence to his actions, this just reads to me as a stern finger wagging.

I can’t wait to find out a Black woman CALI‘s this dude’s classes at Georgetown.

As a parting gift, I often do wonder how America’s history would have played out if not for the last 200 or so years of white affirmative action. Despite the long history of Black folks being given a harder time for doing the same thing, the specter of meritocracy is ever present.

"Lesser Black Woman"

First off, fuck you.

Secondly…. it's a trip how "most qualified" and "best person for the job" only seems to be a thing when somebody black and especially a black woman is up for a position like Supreme Court Justice.

— Down And Out Bad In DFW (@Kennymack1971) January 27, 2022

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.

Topics

Ben Shapiro, Ilya Shapiro, Ketanji Brown Jackson, Leondra Kruger, President Joe Biden's Judicial Nominee, Race Baiting, SCOTUS