Andrew Chung and Lawrence Hurley, Steve Holland

WASHINGTON (Reuters] – President Joe Biden announced Thursday that he would nominate a Black woman as the successor to retiring U.S. Supreme Court Justice Stephen Breyer. It was a historic decision that he described as “long overdue.”

Biden, who has been with Breyer since the 1970s at the White House, was there after Breyer announced in writing his resignation to President Obama. Breyer indicated that he would be retiring at the close of his current term on the court, which is typically around the middle of June.

Biden, who won the Democratic Party’s 2020 presidential nomination in large part because of strong support from Black voters, noted that he committed during that campaign to name a Black woman to a lifetime post https://www.reuters.com/legal/government/historic-first-black-women-judges-who-could-join-us-supreme-court-2022-01-27 on the high court and would keep his promise.

“Our selection process will be strict. Biden stated that he would select someone worthy of Justice Breyer’s legacy of excellence, decency and distinction. He called the appointment of Supreme Court justices one of America’s greatest constitutional responsibilities.

After studying the backgrounds of the candidates and their writings, my only decision was to nominate someone who has extraordinary character and experience. This person will also be the first Black woman nominated for the United States Supreme Court. Biden stated that it was long overdue.

Potential nominees include Ketanji Brown Jackson https://www.reuters.com/world/us/former-public-defender-jackson-among-possible-biden-supreme-court-picks-2022-01-26, a former Breyer law clerk confirmed by the Senate last June to serve on an influential U.S. appellate court, and Leondra Kruger https://www.reuters.com/world/us/potential-biden-supreme-court-pick-leondra-kruger-known-moderate-california-2022-01-26, who serves on the California Supreme Court. Michelle Childs is another potential candidate. Michelle Childs is a South Carolina federal court judge who Biden has already nominated for the U.S. appels court.

Jen Psaki (White House Press Secretary) stated that Biden doesn’t believe being a sitting judge qualifies him for the nomination and said that it is irrelevant whether or not a candidate is supported by Republicans.

Biden indicated that he wanted the Senate, which he and his colleagues Democrats control with razor-thin margins, to “move promptly” after he has chosen his nominee. Republicans have changed Senate rules so that no more than 60 senators are required to approve a nomination for the Supreme Court. This allows Democrats to nominate a nominee and not need to vote Republican.

While Breyer’s retirement after 27 years gives Biden his first chance to fill a vacancy on the nine-member court, it will not change https://www.reuters.com/world/us/bidens-next-supreme-court-nominee-not-likely-change-its-rightward-push-2022-01-27 its ideological balance. The court’s 6-3 conservative majority has shown a growing willingness https://www.reuters.com/legal/government/aggressively-conservative-supreme-court-plunges-into-us-culture-wars-2022-01-25 to reshape the law on contentious issues including abortion and gun rights. During his four-year tenure, Donald Trump’s Republican predecessor Biden appointed three justices.

Breyer, the court’s oldest justice https://www.reuters.com/world/us/us-justice-breyer-fortified-abortion-rights-doubted-death-penalty-2022-01-26, often found himself in dissent on a court that has moved ever rightward. At the White House, he spoke out about the importance for a nation as diverse as the United States to resolve its deep divisions through the rule of law.

Breyer, who was holding in his hands a copy the foundational 18th-century document, said that “people have accepted this Constitution” and had come to understand the value of the rule law.

WHITEN HOUSE REACHING TO CANDIDATES

White House officials plan to meet with potential candidates within the next week according to a source who is familiar with the matter. Biden expects to meet with only 10 people.

Senate Democrats aim to quickly confirm Biden’s nominee in a time frame similar https://www.reuters.com/world/us/us-senate-democrats-plan-move-swiftly-biden-supreme-court-pick-2022-01-26 to the one-month process that the chamber’s top Republican, Mitch McConnell, used in 2020 to approve Trump’s third appointee, Amy Coney Barrett, according to a source familiar with planning.

Republicans seek to take back control of the Senate during the November 8 congressional elections. This highlights the importance of speed for Democrats. McConnell stated that he would stop any Biden nominations being made to the court in the event his party gains the Senate majority.

McConnell made the following statement in support of McConnell: “The president cannot outsource this critical decision to radical left.” American voters deserve a nomination that shows respect for our Constitution and the written text thereof.

Trump’s three conservative appointees who McConnell pushed through the Senate came from a shortlist prepared with the input of outside conservative legal activists https://www.reuters.com/article/us-usa-court-kennedy-advisers/conservative-lawyers-steer-trump-on-supreme-court-pick-idUSKBN1JO32P associated with the Federalist Society.

Biden indicated that he was thanking Breyer for his “remarkable service in the public sector” and pointed out past rulings by the justice upholding abortion rights as well voting rights and environmental protections.

Biden stated, “This day is bittersweet for me.” He is an example of public service in a country that has seen great division.