Appeals court nominee on track to be confirmed
Senate also confirms first Muslim federal judge
WASHINGTON – President Joe Biden’s nominee for a powerful appeals court who is also being watched as a potential future Supreme Court pick cleared a procedural hurdle Thursday in the Senate and is on track for confirmation as soon as next week.
The Senate also confirmed Zahid Quraishi as the nation’s first Muslim federal judge.
Despite opposition from some Republicans, the Senate agreed 52-46 to cut off debate on the appeals court nomination of U.S. District Court Judge Ketanji Brown Jackson, meaning her confirmation for a seat on the U.S. Court of Appeals for the District of Columbia Circuit is all but assured.
The Senate has ramped up its approval of Biden’s judicial nominees in recent weeks, and the chamber also cut off debate Thursday on Quraishi, a federal magistrate, and confirmed him 8116 for a judgeship in the District of New Jersey. Quraishi had served as a military prosecutor, an Army captain and an assistant U.S. attorney.
But Jackson received the most attention among Biden’s early picks because she is considered a likely future nominee for the Supreme Court. Her confirmation to the appeals court is expected as soon as Monday.
During the presidential campaign, Biden promised to name a Black woman to the Supreme Court for the first time in history, and Jackson’s name has appeared in the mix ever since. She was on President Barack Obama’s short list for a spot on court after Associate Justice Antonin Scalia’s death in 2016.
Biden’s first opportunity would likely come if Associate Justice Stephen Breyer, 82, retires sometime before the 2022 midterm election. Breyer hasn’t indicated whether he plans to retire this year.
Thursday’s debate could offer clues about how Republicans might approach her as a choice for the Supreme Court. Three Republicans joined with Democrats to support cutting off debate: Sens. Susan Collins of Maine, Lindsey Graham of South Carolina and Lisa Murkowski of Alaska.
At 50, Jackson could serve decades on the high court if she were to be nominated and confirmed. She won Senate confirmation for the district court in 2013 on a voice vote – signaling bipartisan appeal. But several Republicans voted against her District of Columbia Circuit nomination last month in the Judiciary Committee.
The objection was based, in part, on her answer to a question from Sen. Ted Cruz, R-Texas, about whether she agreed with the notion of a “living Constitution” that adapts to the times.
At the time, Jackson declined to answer directly, noting she had “not had any cases that have required me to develop a view on constitutional interpretation of text.”
An Obama appointee to the district court who frequently shot down lawsuits filed by the Trump White House, Jackson was an assistant federal public defender in Washington from 2005 to 2007, and assistant special counsel for the U.S. Sentencing Commission.