On Thursday, President Joe Biden formally announced the retirement of Justice Stephen Breyer. He also said that he would announce the name of a new nominee by the end of February. He said that he would keep his election promise by nominating a Black woman to the vacant position of a Supreme Court judge.
Biden addressed the nation from the Roosevelt Room. Supreme Court Justice Stephen Breyer was by his side. He called it a “bittersweet” day as he praised Breyer for his “remarkable career of public service.”
He added that Justice Breyer had worked hard to make the nation’s laws work for its people during a time of divisiveness and called him a “model public servant.”
Earlier in the day, a letter to President Biden by Justice Breyer was made public. The letter confirmed his retirement and said that his participation in maintaining the Constitution and the rule of law in the nation was a “great honor.”
Justice Breyer spoke after the President’s address. He said that he often told students that the American “experiment” managed to continue as it was “every race,” “every religion,” and also “every point of view possible.”
He also said that he would leave after a “successor was confirmed by the Senate.” This gives Biden enough of time to find a judge who would not only be accepted by the Democrats but perhaps might gain some bipartisan support.
Although the conservatives are still on a 6-3 majority as former president Trump got the opportunity to nominate three justices to the highest court in the nation, with the retirement of Justice Breyer, President Biden can fulfill his promise of nominating a Black woman to the Supreme Court as well as bring in some diversity.
The most likely candidates appear to be the following judges: Ketanji Brown Jackson, Leondra R. Kruger and J. Michelle Childs. Although the nomination is expected by end of next month, House Majority Whip James E. Clyburn, who is a Representative from South Carolina has already backed Judge J. Michelle Childs.
It is not necessary for President Biden to pick a judge for the top position. However, it is often the most likely choice. His predecessors have chosen politicians, professors of law or lawyers. The final choice is expected to be a Black woman as he already announced this, earlier in the day. He also said that he would consult Vice President Kamala Harris as she has a lot of experience and knowledge. He said that she was “an exceptional lawyer, former attorney general of the state of California” as well as a “former member of the Senate Judiciary Committee.”