In Dig At Kavanaugh, Elie Mystal Says Biden Won’t Nominate a Justice ‘Credibly Accused of Trying to Rape Somebody’

Elie Mystal took a shot at Brett Kavanaugh Wednesday when he argued President Joe Biden will not nominate a replacement for Stephen Breyer “who has been credibly accused of trying to rape somebody.”

Breyer, 83, will step down from the court after its current term, apparently putting an end to a year of pressure from progressives, mostly regarding his age.

Late Associate Justice Ruth Bader Ginsberg, of course, died during the term for former President Donald Trump and was replaced by Amy Coney Barrett.

In her advanced age, Ginsberg had declined to retire at a time when Democrats controlled the White House and Senate.

Biden vowed during his campaign for president that if given an opportunity, he would fill a Supreme Court vacancy with a Black woman. With Breyer’s pending retirement, he appears prepared to make right on that promise, and a list of Black women who might replace Breyer is making the rounds.

MSNBC’s Joy Reid discussed Breyer’s coming retirement on The ReidOut, where she stated that whomever Biden appoints will be “the human embodiment of critical race theory.”

Reid then asked Mystal, “I wonder what you make of this opportunity that Biden has and what he might do with it, and if you have any tea leaves of who he might choose from this incredible list of judges.” Mystal responded,

First let’s dispense with the qualifications argument. All of the women that are being bandied about right now are immaculately qualified… in particular when you talk about Ketanji Brown Jackson, who is maybe the leader in the clubhouse right now. We’re talking about a woman with a Harvard College degree, a Harvard Law degree, who has served as the head of the U.S. sentencing commission, who was a long-term judge who sitting right on the D.C. Circuit right now.

Mystal then attacked the historical makeup of the court with relation to sex and ethnicity:

Of the 115 people who have served on the Supreme Court, 108 of them have been White guys. So maybe it’s actually the other side that has just been looking for the best available white men around. Whereas when you look at the more diverse, and the complexity of the country, we can find truly the most qualified candidate for the job. So we should not have an issue about their qualifications, to say nothing of their moral issues.

Mystal attacked Kavanaugh, when he said, “Because I’m pretty sure, I don’t know this for a fact, but I am pretty sure that Joe Biden will not nominate somebody who has been credibly accused of trying to rape somebody when they were in high school.”

Kavanaugh was accused of sexual assault by Christine Blasey Ford during his 2018 confirmation hearing. She contended that he assaulted her at a high school party in the 1980s.

Kavanaugh was ultimately seated, but the accusation defined his confirmation process.

Watch above, via MSNBC.