Elizabeth Fairchild
(202) 861-1270

Washington, D.C. — By the end of the month, President Biden is expected to announce his nominee to fill the Supreme Court seat vacated by Justice Stephen Breyer. The President has promised to name a Black woman for the position, but Senator Ted Cruz has argued that Biden’s commitment to diversifying the Court is “offensive.” In response, Business Forward released a new field report today, Is Prioritizing Diversity on the Supreme Court “Offensive”?

“Promoting the value of diversity on the Supreme Court is not a radical idea. In fact, it’s not even unusual,” explained Jim Doyle, President of Business Forward. “Republican Presidents Ronald Reagan (Sandra Day O’Connor) and Donald Trump (Amy Comey Barrett) each pledged to nominate a justice based on gender, and George H.W. Bush considered Clarence Thomas’s race to be a qualifying factor when filling Justice Thurgood Marshall’s seat.”

In seeking to increase diversity on the Court, President Biden is following the same principles America’s most respected companies follow when hiring senior executives and building their boards. To put President Biden’s approach in perspective, download the field report to see what these companies say about diversity in their board rooms and c-suites.



The Business Forward Foundation is an independent research and education organization that takes a business-minded look at policy issues affecting America’s economic competitiveness. Our work combines insights and advice from business leaders across the country with rigorous policy analysis. Through white papers, issue briefs, conference calls, and other events, we educate policy makers and the public about climate change, immigration reform, infrastructure investment, the future of work, and other critical issues.