Biden Didn’t Invent Affirmative Action for the Supreme Court

"Somehow the idea has taken hold that, before Biden came along and junked the standards, nominations to the Supreme Court used to be awarded solely on the basis of merit. The pick would go to the finest and most accomplished jurist in the land, like a law review editorship for the entire court system.

But when exactly did this era exist? Was it before 1967, when the most qualified judges were all white men? No, there was widely held to be a “Jewish seat” and a “Catholic seat” on the Court for decades during that time.

The basis for identity representation on the Court widened after the 1960s. Ronald Reagan promised during his 1980 campaign to appoint a woman to the Supreme Court. George H.W. Bush did not openly say he needed a Black jurist to replace Thurgood Marshall, but it would take heroic levels of delusion to believe Clarence Thomas was selected on the basis of his career accomplishments.

Meanwhile, age has been openly discussed as a crucial factor in selecting justices. Unlike race and gender, which are unrelated to quality, age is a trait that runs directly in opposition to it. Neither party would choose a nominee over the age of 60, even though the most accomplished judges by definition have been honing their craft for a long time."