Poll: Americans oppose Pres. Biden using race, gender as the criteria for selecting the next SCOTUS justice

President Joe Biden and the Democrats have to be very careful about how they go about selecting U.S. Supreme Court Justice Stephen Breyer’s replacement.

Breitbart reports a new poll as finding that the majority of Americans are against the idea of using such things as race and gender as the basis for choosing the next justice. 

The numbers

The poll comes from Rasmussen Reports. The pollster on Friday released a poll that it conducted between January 26 and 27 of this year surveying 1,ooo likely U.S. voters.

Among the questions that the pollster asked participants was this: “Is it a good idea or a bad idea to make race and gender the basis of choosing appointments to the Supreme Court.”

Of those 1,000 participants, 61% indicated that “picking justices on the basis of race and gender is a bad idea.” That’s opposed to 26% who indicated that it was a good idea and 14% who said that they are unsure.

What kept the 61% from being even higher are the Democrat participants. Of these Democrats, 47% indicated that they think “it’s a good idea to make race and gender the basis of choosing appointments to the Supreme Court.” That’s in contrast to only 11% of Republicans and 16% of unaffiliated voters.

The pollster also found that of those participants who strongly approve of Biden’s job performance as president 66 percent think it’s a good idea to make race and gender the basis for selecting the next Supreme Court justice.


When Biden was only a presidential candidate, he promised to nominate a Black woman to the U.S. Supreme Court should he be given the opportunity to do so. This past week, he got this opportunity with the retirement announcement of Justice Stephen Breyer.

Following that announcement, Biden reaffirmed his intention to nominate a Black woman to the court.

“I’ve made no decision except one: The person I will nominate will be someone with extraordinary qualifications, character, experience, and integrity. And that person will be the first Black woman ever nominated to the United States Supreme Court,” Biden said. “It’s long overdue, in my view.”

What this new poll suggests is that Biden, now, has to be careful not to pick someone who will be perceived as being chosen solely on the basis of race and of gender, at least if he doesn’t want to lose even more support.

On the other hand, there may not be many more voters for Biden to lose at this point. Real Clear Politics currently has Biden’s average approval at only 40.9 percent.

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