Writing on Twitter, Ms Gabbard said that Biden appears to be making the same mistake again with the appointment of a new Supreme Court Judge.
She said: “Biden choose Harris as his VP because of the colour of her skin and sex-not qualification.
“She’s been a disaster.
“Now he promises to choose Supreme Court nominee on the same criteria.
“Identity politics is destroying our country.”
Biden is considering candidates to replace liberal judge Stephen Breyer, 83 who is retired after three decades in the Supreme Court.
The President is now looking to fulfil a campaign promise to appoint an African American woman to the position.
Republicans are concerned that Biden is putting race and gender ahead of picking the most qualified candidate.
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She said: “There was no such complaint from the voices on the right who are speaking out now.
“But there’s no question in his mind that there is a wealth of qualified, talented black women to choose from.”