President Joe Biden has made clear he will keep his promise to elect the first black woman to the Supreme Court, following Justice Stephen Breyer’s retirement. But in a curious tweet announcing he will pick someone with excellent qualifications, he said, “And they will be the first black woman nominated to the United States Supreme Court.”

Mario Diaz, Esq., Concerned Women for America’s Legal Counsel, lays out his arguments that the first black Supreme Court justice could actually be a man in his Daily Signal piece.