Here’s Who Biden Could Nominate To Replace Breyer On Supreme Court

The new date is Jan 26, 2022.

President Joe Biden will be able to name his first nominee to the high court at the end of the court's term this summer.

Judge Ketanji Brown Jackson

The Senate Judiciary Committee will hold a hearing on April 28, 2021.

Getty Images

White House Press Secretary Jen Psaki said Wednesday that the president stands by his commitment to place a Black woman on the Supreme Court, even as she declined to confirm media reports of the retirement of Justice Stephen Breyer.

Jackson was confirmed in June after being nominated by Biden, and she was a judge on the District Court in Washington, D.C., as well as serving as a public defender and on the U.S. Sentencing Commission.

Kruger was a lawyer for the U.S. Department of Justice during the Bush and Obama presidencies.

Clyburn has pushed Biden to consider J. Childs and other Black women who have been nominated by Biden for appeals court positions.

The sister of a Georgia gubernatorial candidate and a U.S. District Judge are two potential Black female candidates for the job.

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The New York Times is reporting that Breyer will step down after the court's term ends in June. The next term of the court begins on October 3.

What We Don’t Know

The Senate confirmation process will play out. Republicans are certain to try and block Biden's nominee from being confirmed until after the elections, when they could potentially regain control of the chamber. They're unlikely to succeed after Republicans did away with the filibuster for Supreme Court nominations, allowing them to be approved with only a majority vote. Democrats couldn't afford to have any of their senators oppose Biden's nominee, so the nominee will have to appeal to the party's progressive and moderate senators. Jackson was confirmed to the D.C. appeals court with 53 Senate votes.

Key Background

Liberal activists, legal scholars and some lawmakers had pushed for the 83-year-old justice to step down now before Republicans could regain Senate control and block a Biden nominee. The seat will be held by a liberal-leaning justice far into the future, something that became a more pressing issue for Democrats after liberal Justice Ruth Bader Ginsberg. There are a number of high-profile rulings that could have lasting effects, including on gun rights, climate change and abortion rights. The fate of affirmative action in college admissions will be considered by the court, though it may not hear the case until next term when the new judge is seated.

The Supreme Court Justice's exit opens a seat for Biden.

The Senate has a potential Supreme Court pick. Who else could be on Biden's SCOTUS Shortlist? (Forbes)

Biden says he will put a black woman on the Supreme Court. A California justice is a leading candidate.

3 GOP Senators voted to advance the Biden Judicial Nominee.

Biden nominated 2 appellate judges, including a Supreme Court contender.