Milwaukee Journal Sentinel

Jackson to be sworn in as Breyer retires Thursday

- Mark Sherman

WASHINGTON – Nearly three months after she won confirmation to the Supreme Court, Ketanji Brown Jackson is officially becoming a justice.

Jackson, 51, will be sworn as the court’s 116th justice Thursday, just as the man she is replacing, Justice Stephen Breyer, retires.

The judicial pas de deux is set to take place at noon, the moment Breyer said in a letter to President Joe Biden on Wednesday that his retirement will take effect after nearly 28 years on the nation’s highest court.

The court is expected to issue its final opinions earlier Thursday in a momentous and rancorous term that included overturnin­g Roe v. Wade’s guarantee of the right to an abortion. The remaining cases are a challenge to the Environmen­tal Protection Agency’s ability to regulate climate-warming emissions from power plants, and Biden’s bid to end the Trump-era “remain in Mexico” asylum program.

In a ceremony the court said it will stream live on its website, Jackson will recite two oaths required of Supreme Court justices, one administer­ed by Breyer and the other by Chief Justice John Roberts.

Jackson, a federal judge since 2013, will be the first Black woman to serve as a justice. She will be joining three women, Justices Sonia Sotomayor, Elena Kagan and Amy Coney Barrett – the first time four women will serve together on the nine-member court.

Biden nominated Jackson in February, a month after Breyer, 83, announced he would retire at the end of the court’s term, assuming his successor had been confirmed. Breyer’s earlier-than-usual announceme­nt and the condition he attached was a recognitio­n of the Democrats’ tenuous hold on the Senate.

The Senate confirmed Jackson’s nomination in early April.

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