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Biden Once Promised To Filibuster A Black Woman If She Was Nominated To The Supreme Court

President Joe Biden has made great fanfare out of his promise to nominate a black woman to the Supreme Court, but Biden’s time in the Senate shows he was not always so concerned with the court’s racial and gender makeup.

Judge Janice Rogers Brown was, in fact, the first black woman to face serious consideration for a SCOTUS nomination, but when President George W. Bush announced she was on his shortlist to replace Justice Sandra Day O’Connor in 2006, Biden threatened a filibuster.

Then-Sen. Biden publicly warned that Brown would face a filibuster if Bush nominated her during an appearance on CBS’s “Face the Nation.”

“I can assure you that would be a very, very, very difficult fight and she probably would be filibustered,” he said.

Only one Supreme Court nominee has lost their nomination due to a successful filibuster. That nominee was Associate Justice Abe Fortas, who President Lyndon Johnson nominated to chief justice in 1968, according to Senate records. Chief Justice William Rehnquist also faced a filibuster to his nomination for associate justice in 1971, but it was unsuccessful.

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