Race awareness is not race discrimination, even when it comes to the Supreme Court | Opinion

Several years ago, Justice Stephen Breyer gave a speech to students at Springside Chestnut Hill Academy. I had the honor of introducing him. As I remember, I was a bit long-winded in my effusive praise of Justice Breyer, but I couldn’t help myself. I was thrilled that my two daughters, along with their classmates, had the opportunity to hear from a Supreme Court justice I so respected and admired. When I was their age, another justice, the late Thurgood Marshall, was a hero in my household. He inspired me and a generation of Black children like me to grow up to become lawyers.

Yet the excitement of that day pales in comparison with what I felt upon hearing the long-overdue news that, when Justice Breyer retires, a Black woman will take his place. The moment is about more than making history.

From the state courts up to the United States Supreme Court, America’s sad judicial history is of judges who reflect neither the racial nor gender diversity within our country. This has massive implications for how all of us perceive our justice system. Diversity on the bench leads to differing viewpoints, which leads to better, more informed decision-making.

» READ MORE: Biden owes his presidency to Black women. Appointing one to the Supreme Court is only right. | Jenice Armstrong

When talking about Justice Marshall’s importance to the bench, the late Supreme Court Justice Byron White said: “Even the most conscientious judge will have difficulty imagining the thoughts and feelings of people who have grown up in groups that his culture has trained him to see as outsiders.”

In pledging to select a Black woman during his campaign, President Joe Biden recognized the importance of diversity. He has already made history by nominating eight Black women to the federal appellate court, including Arianna Freeman, who would be the first Black woman to serve on the Third Circuit, which is based in Philadelphia. It speaks volumes that the eight appointments would more than double the existing number of Black women on the federal appellate court.

The pool of Black women appellate judges may be small; however, their accomplishments and credentials are impeccable. Judge Ketanji Brown Jackson of the U.S. Court of Appeals for the District of Columbia Circuit graduated from Harvard Law School and served as a law clerk to Justice Breyer. Another nominee, Justice Leondra R. Kruger of the California Supreme Court, graduated from Yale Law School and served as a law clerk to Justice John Paul Stevens. Furthermore, the talent pool of brilliant Black women jurists extends far beyond the federal bench or former Supreme Court clerks.

Across the country, there are scores of accomplished federal District Court judges. Take Philadelphia’s own Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of Pennsylvania. An appointee of former President Barack Obama, she penned a brilliant opinion challenging former President Donald Trump’s attack on the contraceptive mandate in the Affordable Care Act. And Judge Marcia G. Cooke of the U.S. District Court for the Southern District of Florida, a George W. Bush appointee who worked in legal services and the public defender’s office.

Judge Cooke is also the first Black woman to serve on the federal court in Florida.

Of course, Biden’s choices are boundless and not restricted to the courts. Before serving on the high court, Thurgood Marshall and Ruth Bader Ginsburg — who I would argue were two of our greatest justices — left a lasting legacy as civil rights attorneys. Could Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, follow in their footsteps?

Given the credentials, accomplishments, temperaments, and skills of this group of Black women jurists, it is maddening to know that not only has there never been a Black woman nominee, but judicial watchers tell us there has never even been serious consideration of a Black woman! While former President Obama deserves credit for increasing the number of Black people on the federal judiciary, he used neither of his two Supreme Court picks to choose a Black woman.

So, the time is past due to put a Black woman on the Supreme Court, and no attention should be paid to those critics already attacking the president’s focus with claims that, in the name of diversity, Biden is embracing discrimination.

Race awareness is not race discrimination. As Justice Stevens said, “There is no moral or constitutional equivalence between a policy that is designed to perpetuate a caste system and one that seeks to eradicate racial subordination.”

This is an exciting and pivotal moment for our country. I cannot help but think of how all of us, especially our children and the generations to come, can benefit from the diversity of thought and experience this new justice will bring to the bench. And for my daughters, one of whom now aspires to be a lawyer, they can see a court that reflects them. Now that is historic.

Renee Chenault Fattah is executive director of Philadelphia Lawyers for Social Equity.