A black woman justice on the U.S. Supreme Court would be a historic achievement for equality, inclusiveness and for the country as a whole. It is long overdue and its social significance cannot be overstated.

The tragedy is that whoever she is, she is likely destined to sit helplessly as arguably the most politically motivated Supreme Court in American history takes a chainsaw to African American Voting Rights and seventy five years of American social progress in general.

Far from being able to materially effect outcomes a black woman Justice on this radically conservative court having been appointed by a Democratic President, by her very presence would almost certainly lend an air of legitimacy to a court that in fairness should be viewed as having none and is rather desperately struggling to gain some anyway it can.

At least two key Republican Senators, Minority Leader Mitch McConnell and Lindsey Graham of South Carolina are signaling some receptiveness to a Biden nomination. That’s a far cry from unified resistance to allowing then President Obama’s otherwise perfectly legitimate court nominee Merrick Garland or slamming through the nomination of Amy Coney Barrett in the waning days of Donald Trump’s presidency, after he was defeated at the polls by American voters.

So why now the more reasonable tone and approach by those who sought openly and brazenly to rig the court to achieve right-wing political goals? Their problem has changed. Having successfully stacked the court with young radically conservative political actors who will use the court to effect social changes Senate Republicans could not, their next challenge is to legitimize and normalize this court they have made.

As calls to reform the court grow its legitimacy becomes an increasingly central issue. The appearance of propriety and most importantly, impartiality are central to public perception. Putting a highly qualified and otherwise fair-minded black woman justice on the court might very well enhance the court’s public perception and standing. That is until the public feels the full weight of the rulings that are coming from the now 6-3 right-wing majority.

In the crosshairs of the court that she who liberal Biden would appoint are among other things, voting rights for all Americans with a focus all voters not supportive of the New Radical Right, voters inclined to value social progress and specifically black voters in states controlled by Republican legislatures. In addition the landmark Roe v. Wade ruling appears all but overturned along with longstanding doctrines pertaining to the separation of church and state. But those are just a few highlight-previews. This new court has much, much more in store for America, think 1930s, economically and socially.

What sets this court apart from previous courts, who’s rulings enraged the right and pleased the left is its perspective in relationship to public sentiment. The Warren Court, which produced the landmark 1973 Roe v. Wade decision may have produced a decision that was unique and required a modicum of creativity but it possessed one crucially important asset, widespread public support.

This iteration of the Roberts court will attempt to have an equal or greater impact on American life in controversion of the will of the vast majority of U.S. citizens. Court conservatives love to portray the original text of the constitution in biblical terms. Their argument in effect being, the original text is the original text and public sentiment is irrelevant. There’s a firestorm in that logic that they little comprehend.

However a black woman Justice with considerable professional and personal integrity could go a long way towards solving that problem. That is a role the new Justice — must not accept.

There is only one way to address a court determined to impose its will on an unwilling country, court reform. McConnell may have stolen the court but he has likely rendered it moot as well. The Court Reform movement must move forward regardless of the character of Stephen Breyer’s successor.

Marc Ash is the founder and former Executive Director of Truthout, and is now founder and Editor of Reader Supported News.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.