Gabbard: Biden should not be choosing SCOTUS justice by 'color of their skin'

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Former Congresswoman Tulsi Gabbard took issue with President Biden’s pledge to nominate a Black woman to the Supreme Court, arguing that the decision should not be made based on race or gender. 

"Biden’s mistake: He should not be choosing a Supreme Court justice based on the color of their skin or sex, but rather on their qualifications & commitment to uphold our Constitution & the freedoms guaranteed to all Americans in that document which is the foundation of our nation," Gabbard, who represented Hawaii’s 2nd congressional district for eight years as a Democrat, tweeted Friday.

Tulsi Gabbard attends Variety's 3rd Annual Salute To Service at Cipriani 25 Broadway on Nov. 6, 2019 in New York City. (Theo Wargo/Getty Images)

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While on the campaign trail, President Biden pledged that he would nominate a Black woman to the Supreme Court -- and he was presented with his first opportunity to do so this week, when liberal Justice Stephen Breyer announced he is retiring this summer.

Supreme Court Associate Justice Stephen Breyer announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022. President Biden looks on.  (AP Photo/Andrew Harnik)

"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 following the retirement announcement. "It's long overdue, in my view."

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Gabbard was joined in her criticism of Biden’s position by several prominent Republicans, including President Trump's Housing and Urban Development Secretary Ben Carson, who called it "abominable."

"Many people fought and gave their lives to bring equality. And now we're reverting back to identity politics. And as we continue to do that, we're bringing more division into our country," Carson said. 

President Biden speaks on the retirement of Supreme Court Associate Justice Stephen Breyer in the Roosevelt Room of the White House in Washington, D.C., on Thursday, Jan. 27, 2022.  (Yuri Gripas/Abaca/Bloomberg via Getty Images)

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"We need a Supreme Court where we have the best candidates who understand the Constitution and are not trying to legislate from the bench," he continued.

Biden said he expects to announce his nomination by the end of February.