OFM News: Biden Vows to Put Black Woman on Supreme Court

Supreme Court Justice Stephen Breyer announced his plans to retire in late January. The 83-year-old Supreme Court justice is expected to stay until the end of court term this summer. 

In light of Breyer’s retirement, President Joe Biden vowed to nominate a Black woman for the vacancy. Though Biden’s pick will not shift the balance of the court, as she will likely share Breyer’s political alignment, she is expected to be much younger and could serve on the court for decades. 

“Our process is going to be rigorous. I will select a nominee worthy of Justice Breyer’s legacy of excellence and decency. While I’ve been studying candidates’ backgrounds and writings, I’ve made no decision except one: The person I will nominate will be someone with extraordinary qualifications, character, experience, and integrity. And that person will be the first Black woman ever nominated to the United States Supreme Court,” Biden says during a press conference. 

A shortlist of potential candidates had been circulating Washington well before Breyer’s retirement announcement. The following are possible picks for the new Supreme Court Justice.

 DC Circuit Judge, Ketanji Brown Jackson

Last year, Biden appointed Jackson to the U.S. court of appeals in D.C., which is considered the second most powerful court in the country. Previously she clerked for Justice Breyer and has degrees from Harvard University and Harvard Law School. 

California Supreme Court Justice, Leondra Kruger

When appointed in 2014, Kruger was the youngest person to serve on the California Supreme Court. On the California Supreme Court, she authored notable opinions on the Fourth Amendment and police reform.

South Carolina U.S. District Court Judge, J. Michelle Childs

As a graduate of the University of South Carolina, Childs doesn’t share the Ivy League pedigree held by eight of the nine current Supreme Court justices. It’s a fact that could be seen as an advantage for democrats, as a way to fight back claims that the party has become elitist in nature. 

Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund

Ifill recently announced she’d be stepping down from her position at the NAACP, a title she has held since 2013. During her time there, she proceeded over landmark cases that helped fight voter suppression in republican-run states. 

Other possible picks include District Judge Wilhelmina “Mimi” Wright, Circuit Judge Eunice Lee, and Federal Circuit Court Judge Tiffany P. Cunningham. 

A few additional names have floated around, including Arianna J. Freeman, a Philadelphia public defender nominated earlier this month as a circuit judge, and Melissa Murray, a New York University law professor who wrote the first casebook covering the field of reproductive rights and justice.

Nancy G. Abudu, a voting rights expert and the head of strategic litigation for the Southern Poverty Law Center who was nominated earlier this month to be a circuit judge for the 11th Circuit, and Anita Earls, a 61-year-old North Carolina Supreme Court associate justice, are also being considered. 

Biden and Senate Majority Leader Chuck Schumer have both vowed to move quickly to replace Breyer, likely to name their nominee by the end of February.