Sen. Ted Cruz (R-TX) suggested on Sunday that it should be "illegal" for President Joe Biden to announce that he will nominate a Black woman to the Supreme Court without considering white people.

"Democrats today believe in racial discrimination, they're committed to it as a political proposition," Cruz told Fox News host Bill Hemmer. "I think it is wrong to stand up and say we're going to discriminate, this administration is going to discriminate. What the president said is that only African-American women are eligible for this slot. They said that 94% of Americans are ineligible."

"I think our country has such a troubled history on race, we ought to move past discriminating based on race," he continued. "The way Biden ought to do it is to say I'm going to look for the best justice, interview a lot of people. And if he happened to nominate a justice who was an African-American woman, great. But you know what? If Fox News put a posting, we're looking for a new host for Fox News Sunday and we will only hire an African-American woman or a Hispanic man or a Native American woman, that would be illegal. Nobody else can do what Joe Biden did."

Cruz also vowed to consider Biden's nominee based on their qualifications, not their race.