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Fox News personality Geraldo Rivera claimed that President Joe Biden's announcement that he would nominate a Black woman to replace Associate Justice Stephen Breyer on the Supreme Court would be "affirmative action."
During his campaign, then-candidate Biden promised he would nominate a Black woman in the event of a Supreme Court vacancy, a decision that would reshape the court's liberal wing and highlight the lack of diversified voices on the nation's higher federal courts.
That promise is now front and center with Breyer's impending retirement, thanks to a short list of contenders that includes Ketanji Brown Jackson, who sits on the U.S. Court of Appeals for the District of Columbia Circuit, and Leondra R. Kruger, who sits on the California Supreme Court.
Pointing to Beyer's potential successors, Rivera drew attention to the recent announcement that the Supreme Court would revisit affirmative action in college admissions, saying:
"It’s interesting that it’s definitely affirmative action, right? As [the Supreme Court is] considering the affirmative action case against Harvard and University of North Carolina."
That said, Rivera said he supports the idea of appointing a Black woman to the court, saying:
"So it is ironic. It is ironic, but I’m all for–there is no Black woman on the court. Why not do it?"
Ultimately, Rivera's remarks about affirmative action did expose him to criticism.
Hey @GeraldoRivera, before u attack Biden's SCOTUS pick as affirmative action, I'd LOVE to hear you address your network's Peter Doocy/Chris Doocy nepotism situation.— Holy Bullies (@Holy Bullies) 1643243276
Geraldo Rivera whose bizarre takes tend to confuse, confound and amuse, has come out in support of Vice President Kamala Harris being nominated to succeed outgoing Justice Stephen Breyer, saying he\u2019s \u201call for\u201d affirmative action.\n\nQualifications? Lordy, Geraldo.pic.twitter.com/viXO8PYOwf— Mark Nantz (@Mark Nantz) 1643304595
@GeraldoRivera you changed your name from Jerry Rivers\u2026 want to explain how you can claim affirmative action when you clearly courted it?! @TheFiveShow @greggutfeld @JesseBWatters— Ginny Carter (@Ginny Carter) 1643322796
Yes Mr. Geraldo Rivera it is affirmative action, it affirms the diversity and collective power of this great country. We can no longer afford to ignore all that brain power just because it is not the color or gender we expect or want it to be.— Ibrahim Garba (@Ibrahim Garba) 1643267388
And I suppose if he nominates a white man that\u2019s the right way to go? Right Geraldo? A Black woman is \u201cAffirmative Action\u201d but a white man is the normal, right choice? FUCK YOU!!!!!https://www.mediaite.com/tv/geraldo-rivera-makes-affirmative-action-comment-during-scotus-discussion/\u00a0\u2026— Cliff W (@Cliff W) 1643262249
Geraldo Rivera is a piece of trash, made a comment that placing a black woman on the Supreme Court is "Affirmative Action.pic.twitter.com/g8Q56dePiL— Kevin Newbill (@Kevin Newbill) 1643342036
@GeraldoRivera If the black woman is qualified, it's not "affirmative action". Get back to me if he nominates Lizzo or Nikki Minaj. Shame on you, Jerry.— Gigi LaMoore (@Gigi LaMoore) 1643331880
Geraldo Cites 'Affirmative Action' During SCOTUS Segment https://disq.us/t/44oxjmb\u00a0 \n\nWhat do you call it when most of the time a white guy is picked?— Binford Carter (@Binford Carter) 1643255801
@TheFive Geraldo just unwittingly made an argument against affirmative action -- it's the reason he's on TV.— Robert Klimek (@Robert Klimek) 1643322077
Is Geraldo insulting Black Americans, saying they need "allowances", or is he just stupid? Asking for MANY black Americans much smarter than he or myself.\n\nGeraldo Calls Biden\u2019s Pledge to Nominate Black Woman to SCOTUS, \u2018Affirmative Action\u2019 https://www.mediaite.com/tv/geraldo-rivera-makes-affirmative-action-comment-during-scotus-discussion/\u00a0\u2026 #SmartNews— Cheryl McGill (@Cheryl McGill) 1643253037
Rivera's comments come a day after fellow Fox News personality Tomi Lahren suggested that Biden should not nominate a Black woman to serve on the Supreme Court, saying Biden is simply trying to "placate" what she referred to as "the radical element" within the Democratic Party.
Lahren reiterated the Fox News consensus that Biden's promise to nominate a Black woman to the court is an indication of what conservative critics have claimed is a liberal obsession with identity politics.
She went on to suggest that nominating a Black woman to the Supreme Court would backfire, given low opinions of Vice President Kamala Harris's performance.
"We saw how well that worked out with Kamala Harris but here's to hoping that he has a better choice in mind for this position," she said at the time, later taking to Twitter to accuse Biden of basing his decision "solely on race, gender and identity politics."
Interestingly, Rivera suggested that Harris would be worthy of a Supreme Court nomination, saying that she “would’ve been a great idea.”