With news that Justice Stephen Breyer is resigning from the United States Supreme Court after three decades, President Joe Biden has said “it’s long overdue” that a Black woman is nominated to replace him.
Speaking at a ceremony at the White House alongside Justice Breyer, who confirmed his resignation, Biden said he has not yet made any decisions about who he will nominated to the supreme court – “except one”.
“Our process is going to be rigorous. I will select a nominee worthy of Justice Breyer’s legacy of excellence and decency,” Biden said.
“I’ve made no decision except one: the person I will nominate will be someone of extraordinary qualifications, character, experience and integrity. That person will be the first Black woman ever nominated to the United States Supreme Court. It’s long overdue in my view.”
Biden said choosing a judge to sit on the Supreme Court “is one of the most serious constitutional responsibilities a president has”.
While no decision has yet been made – Biden has set a deadline for his decision by the end of February – there are some frontrunners in the mix.
DC Circuit Judge Ketanji Brown Jackson is considered to be a leading candidate, with Biden having already appointed her to the US Court of Appeals for the District of Columbia. Because of this, she’s already been interviewed by the President and successfully went through a Senate confirmation process last year. She also clerked for the retiring Judge Breyer in 1999. She holds prestigious degrees from Harvard and Harvard Law School.
Other women who are said to be on the shortlist include Leondra Kruger, a former Obama administration official and Associated Justice of the Supreme Court of California; Sherrilyn Ifill who is a civil rights attorney and J Michelle Childs, a judge on South Carolina’s federal court.
Justice Breyer’s replacement will need to be confirmed by the Senate where Democrats have a slim majority and would not change the ideological makeup of the court. Breyer is a liberal judge who was appointed by Democrat President Bill Clinton in 1994.
The US Supreme Court currently has a 6-3 conservative majority, following former president Trump’s three nominees to the court, including Justice Amy Coney Barrett, who was appointed just before the 2020 election.