...One hundred and fifteen justices have served on the Supreme Court since its founding in 1789. Not one has been a Black woman. Ilya Shapiro, a popular conservative legal scholar recently appointed to head Georgetown Law’s Center for the Constitution, tweeted (and then deleted) that President Joe Biden’s ultimate pick to replace Stephen Breyer on the Supreme Court would result in the appointment of a “lesser black woman.” (Shapiro was put on leave shortly after.) Senator Roger Wicker (R-MS) suggested that it’s likely no Republican would confirm Biden’s eventual nominee because she would be a “beneficiary” of affirmative action. These sentiments are not one-off musings, but are illustrative of anti-Black racism and misogynoir endemic to right-wing political philosophy: No matter the pedigree, credentials, or aptitude, any recipient of affirmative action will be of inferior ilk. This fallacy is at the crux of two affirmative action cases currently before the Supreme Court: Students for Fair Admissions Inc. (SFFA) v. Harvard, and SFFA v. University of North Carolina. ...

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