Noted Harvard Law School professor and lawyer famous for defending O.J. and Klaus Von Bulow asked this question in his recent tweet
Can the president constitutionally restrict his Nomination to a black woman? https://t.co/piH6j64S7o
— Alan Dershowitz (@AlanDersh) January 28, 2022
I replied to his tweet with two tweets,
Yes, U.S. Constitution Article 1, Section 2 “…shall be
determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons…” https://t.co/rDmkuf6krU— nickstrauss (@nickstrauss) January 28, 2022
and
see also https://t.co/m3mUvYPtM5
— nickstrauss (@nickstrauss) January 28, 2022
His question, I think, was purely rhetorical as I have not received any response from him, or anyone else.
Imagine the all male, all white Justices in 1856 being introduced to their 2022 replacement — a black woman. The Chief Justice Taney wrote,”They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery..”
What is Justice, if the judged cannot face their judges? Dred Scott was cast in chains and never got the justice he deserved.
Related to this blog posting is my post the Inconsistency inherent in the US Constitution
