Joe Biden to Pick a New Supreme Court Justice After Stephen Breyer Retires

Justice Stephen Breyer is retiring from the Supreme Court after serving on the bench since 1994.

Breyer, a liberal justice, will have his successor chosen by President Joseph Biden. President Biden has previously stated that he would name a Black woman to the bench if the opportunity arose.

It is past time for a Black woman to be named to the Supreme Court.

— Cori Bush (@CoriBush) January 26, 2022

Democrats have been advocating for Breyer’s retirement since President Biden’s election. With the election of Democratic Senators Raphael Warnock and Jon Ossoff, the President would have the needed 50 votes plus Vice President Harris’ tiebreaking vote to confirm a new justice.

The confirmation process is complicated by the 50-50 makeup of the Senate, assuming members will vote along party lines. For President Biden’s pick to be confirmed, every Democratic and Democratic-caucusing Independent must vote for his nominee.

Justice Breyer graduated with a Bachelor of Laws degree from Harvard University in 1964. Before serving on the Court, he served as First Circut Judge of the United States Court of Appeals from 1980 to 1994 and was Chief Judge on the same Appeals Court from 1990 to 1994. President Bill Clinton nominated him to the Supreme Court.

Jen Psaki reiterates just now that President Biden stands by his pledge to nominate the first Black woman to the Supreme Court should a vacancy happen. The White House isn’t offering specifics ahead of an expected formal announcement by Justice Breyer tomorrow.

— Kaitlan Collins (@kaitlancollins) January 26, 2022

As for his replacement, some top potential picks include U.S. Circuit Court Judge Ketanji Brown Jackson and California Supreme Court Justice Leondra Kruger. Judge Jackson previously clerked for Breyer and was promoted to the U.S. Court of Appeals for the District of Colombia Circuit under Biden. Justice Kruger also clerked for the U.S. Supreme Court and has experience arguing cases as a lawyer representing the federal government.