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Biden Supreme Court pick: What to watch

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Joe Biden, President

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Justice Stephen Breyer’s impending retirementIt’s President Joe Biden’s first chance, and probably his most important, to take a seat at the Supreme Court. He wants it to be a success.

Biden last week reaffirmed his campaign promise to nominate a Black woman to the high courtAnd he said that he would announce his choice by February end.

Senator Majority Leader Chuck Schumer from D.N.Y. has vowed that he will move fast to replace Breyer. This is likely to allow for the appointment of a new justice well in advance of the summer recess.

Monday’s White House statement stated that Biden would be reelected. begin consultationsThis week, potential candidates to replace the 83 year-old justice are discussed. The top candidates include Judge Ketanji Jackson Jackson, Judge J. Michelle Childs, and California Supreme Court Justice Leondra Kruger.

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If they nail the timing and execution, Democrats could score a major political win — appointing the first Black woman to the nation’s highest court, while protecting a liberal seat — that pays dividends a few months later in the midterm elections.

They require all support they can get. In the midterms, sitting presidents often lose seats. Biden’s is one example. sagging approval ratingsRepublicans have been able to increase their confidence in regaining the House, even if they lose the Senate.

Ketanji brown Jackson has been nominated as a U.S. Senator. Circuit Judge, District of Columbia Circuit is sworn into to testify in a Senate Judiciary Committee hearing about pending nominations for judicial positions on Capitol Hill, Washington on April 28, 2021.

Kevin Lamarque | Reuters

Loaded schedule

There are many options

There have been a number of governmental bodies since 1789. 164 Supreme Court nominations. The majority of these were white men.

Although the White House suggested Biden may be considering many potential nominations, no official list was released. As possible short-listers to the Supreme Court, more than 12 names have been circulated by political rumor mills.

One of the most talked about would-be candidates is Judge Ketanji Brown JacksonThe Senate approved the nomination of Judith Sullivan to the U.S. Court of Appeals in Washington, D.C. Circuit with 53 votes to 44. Brown was supported by all 50 Democrats, as well as Republicans Susan Collins (of Maine), Lindsey Graham (of South Carolina), and Lisa Murkowski (Alaska).

The 51-year-old Jackson — young by the court’s modern standards — previously clerked for Breyer, and her judicial record has garnered plaudits from progressives.

You can also see them in serious contention is J. Michelle ChildsThe nomination of a South Carolina federal judge to the D.C. appeals board was made by reportedly put on holdBiden thinks she is a good candidate for the top court.

In an undated picture, Judge J. Michelle Childs of United States District Court District of South Carolina can be seen.

Courtesy U.S. District Court District of South Carolina | Reuters

Childs is 55 years old and a favourite of Rep. James Clyburn. Clyburn is a high-ranking Democrat, who was credited with bringing back Biden’s candidacy for president at a critical moment in 2020’s primary race.

Graham heaped praise on ChildsBiden said that he couldn’t imagine a better person to nominate for him over the weekend.

In the mix are also California Supreme Court Justice Leondra Kruger45-year-old Kruger was previously the principal deputy U.S. solicitor General in President Barack Obama’s government. Kruger was a litigator in twelve cases before the Supreme Court.

Leondra Kruger, California Supreme Court Justice is shown in an undated photograph.

U.S. Supreme Court of California | via Reuters

Already, many Republicans are taking a firm stance against Biden’s still-to-be decided nominee. Republicans will be using the nominating process to mobilize their base, as control over the Supreme Court is now a key issue in the campaign.

Republican senator Rick Scott from Florida said, “I expect that Chuck Schumer (or whoever runs the White House) will force all Democrats obey and walk on the plank in support for a radical Liberal with extremist views.”

Senate Minority Leader Mitch McConnell of Kentucky, stated that “the president cannot outsource this critical decision to the extreme left.” said last week.

Critics are also taking advantage of Biden’s pledge to nominate a Black woman as a judge, some arguingIt is important that there should be no restriction on the number of qualified candidates.

Sen. Susan Collins, R-Maine, for instance, told ABC NewsSunday, “I believe diversity is a benefit to the Supreme Court.” The president’s handling of this nomination was at worst clumsy.

Biden’s supporters responded by noting that Ronald Reagan, the Republican president of 1980, had been there. committed to nominating a woman to the high courtAnd Republican President Donald Trump vowed to pick a womanTo succeed Justice Ruth Bader Ginsburg.

Midterm pressure

Time is critical for Democrats. They fear that if they lose control over the upper chamber they will experience a repeat 2016 when the GOP-led Senate refused to hold hearings and successfully blocked Obama’s nomination. Merrick Garland is Biden’s attorney-general.

This fear inspired a progressive-led campaign for Breyer’s resignation from the bench shortly after Biden defeated Trump in 2020. Democrats had been already stung by Trump in the 2020 election. the liberal Justice Ruth Bader Ginsburg diedJust days prior to Election Day, she was succeeded by Trump nominee Amy Coney Barrett.

Ginsburg reportedly waited to retireShe was confident that Hillary Clinton would become president in 2016. Her successor was elected and she expected that Hillary Clinton would be elected in 2016.

Breyer seemed to be annoyed by the calls for his ouster in interviews throughout this year. noting that he did not “intend to die on the court.”

He confirmed on Thursday that he would step down at the end of his term as a judge, which is usually around mid-June or early July. “Presuming that my successor has been confirmed and nominated by that time.”

After Biden’s retirement remarks, Breyer gave a speech to the White House in which he addressed the younger generation about their perceptions of the U.S. legal system.

It’s us, it’s you. It’s that next generation, and the one after that — my grandchildren and their children. “They’ll decide if this experiment still works,” said he.

“And of course I’m an optimist. “I’m quite certain it will.”

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