With the news today that Justice Stephen Breyer, one of the Supreme Court’s current liberal judges, is set to retire at the end of the term, the speculation now begins on just who President Biden will choose to replace him.
Breyer is currently the oldest member of the court at age 83, appointed by former President Bill Clinton in 1994.
The issue now for Democrats is timing. With Republicans expected to possibly take control of the Senate in November, Biden will likely waste little time in nominating a replacement with the intention to seat a new justice before the midterm elections:
Breyer is expected to step down at the end of the court’s current term, NBC reported, citing people familiar with the decision. Biden is expected to act quickly so his successor can be ready to serve when the next term begins Oct. 3, according to NBC.
Republicans, who hope to regain a majority in the Senate, could throw a Biden nominee in jeopardy if they take control of the chamber in January and the seat is still open.
Democrats can confirm Breyer’s successor with a simple majority in the Senate, which is currently split 50-50 between the two parties. Vice President Kamala Harris wields the decisive vote in case of a tie.
Biden undoubtedly has a shortlist of nominees, and it’s likely he’ll follow his recent track record of elevating a woman of color to the highest court:
It’s unknown whom Biden will pick as his nominee. In his first year in office, Biden nominated 62 women to the federal judiciary, including 24 Black women, a White House official told NBC.
His eventual candidate will likely facing a grilling from Republicans on the path to the court, which has become a scorched-earth political battlefield in recent years.
While not much is known for certain, yet, here is a short compiled potential list of names that might be on the radar:
DC Circuit Judge Ketanji Brown Jackson was appointed last year by Biden to the US Court of Appeals for the District of Columbia, which is considered the second-most powerful federal court in the country.
California Supreme Court Justice Leondra Kruger is intimately familiar with the Supreme Court having worked as a clerk for the late Justice John Paul Stevens and served as acting deputy solicitor general in the Obama administration.
South Carolina US District Court Judge J. Michelle Childs, a judge on South Carolina’s federal court, is said to have a major booster in House Majority Whip James Clyburn, a Biden ally who helped deliver South Carolina for the eventual nominee in the 2020 Democratic primary.
District Judge Wilhelmina “Mimi” Wright, a judge on Minnesota’s federal district court whose consideration would likely please Sen. Amy Klobuchar, the Minnesota Democrat who sits on the Judiciary Committee.
Circuit Judge Eunice Lee, a former New York public defender whom Biden nominated to the Second Circuit on the recommendation of Senate Majority Leader Chuck Schumer.
Circuit Judge Candace Jackson-Akiwumi, an alumna of Chicago’s public defender’s office whose appointment by Biden to the Seventh Circuit was cheered by Senate Judiciary Chair Dick Durbin of Illinois.
Sherrilyn Ifill, a civil rights attorney who recently announced plans to step down from her role as President and Director-Counsel of the NAACP Legal Defense and Educational Fund.
Biden could name one of these picks, or select from a long list of federal judges, or select someone outside the federal judiciary if he chooses. Regardless of the choice, Biden will replace Breyer, a liberal, with another liberal, so the balance of the court with this retirement will remain unchanged.
