Could a Black judge have obtained consideration for the Supreme Court job by identifying as a woman?
I haven’t been following the Supreme Court confirmation hearings for Ketanji Brown Jackson (CNN) closely, but it seems that nobody could apply for the job unless he/she/ze/they identified as a “Black woman”. From state-sponsored NPR:
PRESIDENT JOE BIDEN: The person I will nominate will be someone with extraordinary qualifications, character, experience and integrity. And that person will be the first Black woman ever nominated to the United States Supreme Court. It’s long overdue in my view.
A person who switches racial identity from white to Black may be condemned (see Nkechi Amare Diallo, formerly “Rachel Dolezal”), but we celebrate those who change gender identity from “man” to “woman” (see Rachel Levine, for example).
If a Black judge who previously identified as a “man” had, after Dr. Biden’s husband announced his hiring policy, said “I identify as a woman and am proud to be a member of the 2SLGBTQQIA+ community”, would that judge then have become eligible for the Supreme Court position?
William Thomas, for example, who was nominated by President Obama (see “Rubio Withdraws Support for Gay Black Judge’s Nomination to the Federal Bench” (NYT)) and who continues to serve as a judge in a Florida state court. Judge Thomas was already identified by the newspaper of record as “Black” and, under our prevailing theories of gender, only Judge Thomas can pick his/her/zir/their gender ID. What would have stopped Judge Thomas from being considered for the Supreme Court job as a “Black woman”?
Related:
- “Just Two Native American Federal Judges Serve—Lauren King May Be The Third” (Forbes 2021) proves that diversity is not a positive value when hiring people who whose job includes interpreting treaties with Native American nations
















