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President Biden said Thursday that he will announce his nominee to replace retiring Supreme Court Justice Stephen Breyer before the end of next month, and that the candidate will be a Black woman.
“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 said. “It’s long overdue, in my view.”
Biden added: “It is my intention… to announce my decision by the end of February.”
The comments came at a joint event with Biden and Breyer at which the justice formally announced his retirement. Biden’s timeline for a nominee matches with Breyer’s request that the Senate confirm his successor by the end of the current Supreme Court term, at which point the justice to step down.
WASHINGTON, DC – NOVEMBER 21: U.S. President Joe Biden walks to the West Wing from Marine One on the South Lawn off the White House on November 21, 2021 in Washington, DC. The President spent the weekend at his home in Wilmington, DE. (Photo by Samuel Corum/Getty Images) (Photo by Samuel Corum/Getty Images)
“I intend this decision to take effect when the Court rises for the summer recess this year (typically late June or early July) assuming that my successor has been nominated and confirmed,” Breyer wrote in a letter to Biden Thursday.
The Senate can indeed hold hearings on Breyer’s replacement and vote on that person before leaves the court. Republicans did this under former President Donald Trump when they confirmed Judge Justin Walker to the D.C. Circuit Court of Appeals months before his predecessor, Judge Thomas Griffith, stepped down.
Senate Majority Leader Chuck Schumer, D-N.Y., and Senate Judiciary Committee Chairman Dick Durbin, D-Ill., also said Wednesday that they plan to advance any Biden nominee quickly through the Senate.
Justice Amy Coney Barrett listens as President Donald Trump speaks before Supreme Court Justice Clarence Thomas administers the Constitutional Oath to Barrett on the South Lawn of the White House White House in Washington, Monday, Oct. 26, 2020, after Barrett was confirmed to be a Supreme Court justice by the Senate earlier in the evening. Barrett’s confirmation process was much faster than those of her recent predecessors. (AP Photo/Alex Brandon)
That strategy may prove effective in getting Biden’s first justice on the high court. But it may also limit the political momentum Biden can expect from finally fulfilling a major campaign promise to progressives by nominating a Black woman.
WHO COULD REPLACE SUPREME COURT JUSTICE STEPHEN BREYER?
“Somebody was saying from the Senate that they want to do what the Republicans did with Amy Coney Barrett, and she was approved in 30 days,” University of Virginia professor Larry Sabato told Fox News. “If that happens it won’t have any effect on the midterms because people will have forgotten about it by November.”
Barrett’s confirmation was historically fast. Republicans were trying to ensure she was on the bench before the presidential election, which former President Donald Trump lost.
Vice President Kamala Harris waves as she departs after speaking at the Tribal Nations Summit in the South Court Auditorium on the White House campus, Tuesday, Nov. 16, 2021, in Washington. (AP Photo/Patrick Semansky) (AP Photo/Patrick Semansky)
Most Supreme Court confirmations in recent decades, however, took approximately two or three months.
That means if Biden announces a nominee in late February, Breyer’s replacement would be confirmed by late March if the Senate follows the Barrett timeline, or between late April and May if it follows the more common precedent.
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That means it’s likely, barring something unforeseen, that Breyer’s successor will indeed be ready to take the bench by the end of the Supreme Court’s term. And that person will break a barrier as the first Black woman on the court.
“I made that commitment during the campaign for president and I will keep that commitment,” Biden said Thursday, of nominating a Black woman.
Biden also said Vice President Harris, who is Black and a former member of the Senate Judiciary Committee, will advise him.
