The law doesn't have any stipulations about races that are fair game to exclude. If an employer is sued, outside of casting a movie or a play about a historical character or something like that, the employer can't defend him or herself in court because he or she takes the woke, intersectional definition of race and racism over the one that was clearly intended when the law was written.
So, Biden saying that the only people who he'll consider to take Breyer's seat on the Supreme Court would be a black woman is already pretty illegal.
Still, even if it weren't, how is this announcement moral? Even by the wokest perspective this announcement is an open discrimination against everybody including black trans-men.
Even if that weren't true, how is this smart? Every nominee for the Supreme Court gets placed through a grinder. Now, whoever he nominates will have the added cloud over her head that she really isn't getting the job because she's actually good. This is fuel for every conservative group to accuse this woman of what the leftists were saying about Larry Elder, "A black face of white supremacy".
Maybe Biden is counting on conservatives to take the high road while he continues to spout his clap trap about what black people are supposed to think. That would also be a dumb assumption.