WASHINGTON — President Joe Biden formally announced the retirement of Supreme Court Justice Stephen Breyer on Thursday, thanking him for his “remarkable” service and reaffirming his commitment to nominate the court’s first Black woman justice.
“It’s long overdue in my opinion,” Biden said, noting that he would make his choice by the end of February and hasn’t made up his mind yet on who he will select.
“While. I’ve been studying candidates backgrounds and writings, I’ve made no decision except one. The person I will nominate will be someone of 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, I made that commitment during the campaign for president and I will keep that commitment.”
The announcement formally kicks off what could be a months-long dance in Washington, with candidates jockeying for the rare vacancy, the White House embarking on a vetting process, and congressional lawmakers using the confirmation process to score political points.
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Biden’s selection will not only help shape the court for years to come, it will also provide a political tool to motivate the Democratic base as well as divert attention from his floundering legislative agenda.
As a presidential candidate, Biden promised in 2020 to put the first Black woman on the Supreme Court. The move could re-energize Black voters who have grown disillusioned with the president over his failure to push voting rights legislation through Congress.
Democratic Senators have urged Biden to carry through on his pledge to nominate a Black woman. “The court should reflect the diversity of our country, and it is unacceptable that we have never in our nation’s history had a Black woman sit on the Supreme Court of the United States — I want to change that,” said Sen. Patty Murray, D-Wash, in a statement Wednesday.
Ahead of Breyer’s announcement, White House press secretary Jen Psaki said Wednesday that Biden “has stated, and reiterated, his commitment to nominating a Black woman to the Supreme Court, and certainly stands by that.”
It is rare for a sitting justice to announce their retirement at the White House given the court’s independence from the executive branch. Traditionally, they notify the White House of their retirement in a formal letter.
Biden declined to comment on Breyer’s retirement Wednesday after the news was first reported by NBC News, saying he would wait for Breyer to make a statement.
Biden has had ample time to consider who he would pick to fill the upcoming vacancy and is expected to put forward a nominee relatively quickly, people familiar with the process said.
As a candidate, Biden was critical of the speed with which Republicans confirmed Justice Amy Coney Barrett to the high court in the final weeks of the Trump presidency.
If Democrats are able to maintain their slim Senate majority, there is little Republicans can do to stop Biden’s pick from being confirmed. But confirmations haven’t always gone as expected. Unanticipated controversies have developed in the past, such as the sexual assault allegations that threatened Justice Brett Kavanaugh’s confirmation.
Many progressives have said they expect federal appeals Judge Ketanji Brown Jackson to be a top potential successor. The Senate confirmed Jackson to the U.S. Circuit Court of Appeals for the District of Columbia, last year in a 53-44 vote, with the support of three Republicans: Susan Collins of Maine, Lindsey Graham of South Carolina and Lisa Murkowski of Alaska.
Other names that have been floated are U.S. District Judge J. Michelle Childs, who was appointed by former President Barack Obama in 2010 and is reportedly backed by House Majority Whip Jim Clyburn, D-S.C., a prominent Biden ally. And California Supreme Court Justice Leondra Kruger, who served as the principal deputy U.S. solicitor general during the Obama administration.
Biden’s ability to replace Breyer’s seat will help maintain the current 6-3 split between conservative and liberal justices. At 83, Breyer is the court’s oldest member, and liberal activists have urged him for months to retire while Democrats hold both the White House and the Senate — a position that could change after the midterm elections in November.
“The significance is almost impossible to overstate,” said Jon Meacham, a presidential historian, on MSNBC Thursday. “Our finest hours as a country have come in some ways because of the Supreme Court and some of our worst.”
Sahil Kapur, Peter Alexander, Carol E. Lee and Mike Memoli contributed.
Source: | This article originally belongs to Nbcnews.com
