Biden: Historic pick ‘long overdue’
Search officially begins for court’s first Black woman
WASHINGTON — President Joe Biden strongly affirmed Thursday that he will nominate the first Black woman to the U.S. Supreme Court, declaring such historic representation is “long overdue” and promising to announce his choice by the end of February.
In a White House ceremony, Biden praised retiring Justice Stephen Breyer, who will have spent nearly 28 years on the high court by the time he leaves at the end of the term, as “a model public servant at a time of great division in this country.”
And with that the search for Breyer’s replacement was underway in full. Biden promised a nominee worthy of Breyer’s legacy and said he’d already been studying the backgrounds and writings of potential candidates.
“I’ve made no decision except one: The person I will nominate will be somebody of extraordinary qualifications, character and integrity,” he said. “And that person will be the first Black woman ever nominated to the United States Supreme Court. It is long overdue.”
Biden’s choice will be historic on its face: No Black woman has ever served on the high court. The decision is also notable coming at a time of national reckoning over race and gender inequality. However, the court’s 6-3 conservative majority is destined to
remain intact.
Biden is using his choice to fulfill an early campaign promise. It also gives him the chance to show Black voters, who are increasingly frustrated with a president they helped to elect, that he is serious about their concerns, particularly with his voting rights legislation stalled in the Senate. It also could help drive Democratic enthusiasm amid concerns about a midterm routing in congressional races.
Biden spent his first year in office working to nominate a diverse group of judges to the federal bench and he has been reviewing possible high court candidates along the way. He has
installed five Black women on federal appeals courts — where many high court justices come from — with three more nominations pending before the Senate.
As a senator, he spent years leading the Senate Judiciary Committee and so he’s quite familiar with the nomination process, having overseen six Supreme Court confirmation hearings. One person who will be central to Biden’s selection process is chief of staff Ron Klain, a former Supreme Court law clerk and chief counsel to the Judiciary Committee.
The president has already met with at least one top candidate for the nomination, Ketanji Brown Jackson,
51. She is a former Breyer clerk who worked at the U.S. Sentencing Commission and has been a federal trial court judge since 2013 in the District of Columbia. The two met when Biden interviewed her for her current post as an appeals court judge in the D.C. circuit, where she has served since last June.
Early discussions about a successor are focusing on Jackson, U.S. District Judge J. Michelle Childs and California Supreme Court Justice Leondra Kruger, according to people familiar with the matter who spoke on condition of anonymity to discuss White House deliberations. Jackson and
Kruger have long been seen as possible nominees.
In the Roosevelt Room on Thursday, Biden spoke wistfully about presiding over Breyer’s ascent to the court in 1994. He praised the justice’s legacy and highlighted Breyer’s opinions on reproductive rights, health care and voting rights, calling him “sensitive and nuanced.”
Breyer, in brief remarks, praised the “miracle” of America’s constitutional democracy and issued a reminder to a nation riven by partisan discord and last year’s insurrection at the U.S. Capitol that the government “experiment” is not yet over.
“This is a complicated country,” he said, leaning onto the lectern. He added: “People have come to accept this Constitution, and they’ve come to accept the importance of a rule of law.”
Recounting a subject of frequent talks with students, the outgoing justice noted that in the nation’s earliest days, European powers doubted it could survive and during the horrors of the Civil War it appeared the United States might not make it.
“They’re looking over here and they’re saying it’s a great idea in principle, that it’ll never work,” Breyer said. “But we’ll show them it does. That’s what Washington thought, and that’s what Lincoln thought, and that’s what people still think today.”
“It’s an experiment that’s still going on,” he added, saying future generations will see if the government can live up to its promise. “They’ll determine whether the experiment still works. And of course, I’m an optimist, and I’m pretty sure it will.”
Senate Minority Leader Mitch McConnell, R-Ky., said he hoped Biden would not “outsource this important decision to the radical left.”
Iowa Sen. Chuck Grassley, the top Republican on the Senate Judiciary Committee, said after Breyer’s announcement that his successor “should be an individual within the legal mainstream who can receive similar broad, bipartisan support.”
Grassley voted against Jackson’s confirmation to the D.C. appeals circuit, as well as most other Biden appellate court nominees.