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Replacing justice breyer. he's already said he plans to select the next justice based on race and gender, alan. mr. turley, jonathan turley, said it raises a question on whether it's actually appropriate for a politician to use such a criteria that the court itself has found unconstitutional. >> yeah. i would go even further. i think it may be unconstitutional. if he had said he was going to appoint the first black -- the first muslim to the court, that would be unconstitutional because the cushion, article vi -- the constitution, article vi specifically provides no religious test shall ever b...

>> -- will be unconstitutional because article vi of provides no religious test shall ever be required. i think the 14th and 19th amendments also extend that to no racial or gender tests. nobody should be excluded because they don't fit a racial or gender criteria. if. maria: that was legal scholar alan dershowitz with me earlier this month calling biden's criteria for a supreme court justice unconstitutional. biden has vowed to nominate a black woman as justice stephen breyer's replacement, and he will begin meeting with his short list of candidates this upcoming week. i am back with virginia...

>> okay. >> non-denominational. >> could you fairly judge a catholic? >> senator, i have a record -- >> answer -- >> judging everyone. >> i'm just asking this question because how important is your faith to you? >> senator, personally, my faith is very important, but as you know, there's no religious test in the constitution under article vi. >> there will be none with me. >> and it's very important to set aside one's personal views about things in the role of a judge. >> i couldn't agree with you more and i believe you can. on a scale of 1 to 10, how faithful would you say you are?

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