Cruz: Biden promise to put Black woman on supreme court is racial discrimination

Biden made his promise on the campaign trail in 2020. Stephen Breyer, the oldest justice on the court, announced his retirement last month.

Childs is reported to be on a short list of three.

The last Republican president, Donald Trump, promised to pick a woman to replace Ruth Bader Ginsburg, then did so when the liberal lion died in September 2020. Cruz championed the nominee, Amy Coney Barrett, a hardline Catholic conservative.

Cruz is an accomplished conservative provocateur. On Sunday, he chose a provocative example of a jurist who he said would not qualify for consideration by Biden: Merrick Garland.

Garland is now attorney general, and thus unlikely to be considered for a supreme court seat in any eventuality.

Furthermore, Cruz was among Senate Republicans who were not sorry to block even a hearing for Garland when he was nominated to replace Antonin Scalia in early 2016, claiming the conservative died too close to an election for a replacement to be considered.

Cruz was also among Republicans who were not sorry to replace Ginsburg with Coney Barrett less than two months before the 2020 election.