President Biden publicly tweeted from @POTUS “The person I nominate to replace Justice Breyer will be someone with extraordinary qualifications. Character, experience, and integrity. And they will be the first Black woman nominated to the United States Supreme Court. – https://twitter.com/POTUS/status/1486756549372567561
https://www.dol.gov/sites/dolgov/files/ofccp/regs/compliance/posters/pdf/eeopost.pdf
So if the tweet is not be misunderstood, what the president is doing maybe unlawful as an employer is not allowed to use anything