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Supreme Court Justice Stephen Breyer’s retirement announcement will leave President Biden with his first shot at nominating someone to the highest court.
Biden has pledged that he would nominate a black woman to the Supreme Court to build a court that “reflects” the country.
Political watchers have put together a shortlists of candidates. The names being thrown into the mix include:
South Carolina US District Court Judge Michelle Childs
California Supreme Court Justice Leondra Kruger
DC Circuit Judge Ketanji Brown Jackson
District Judge Wilhelmina “Mimi” Wright
Circuit Judge Eunice Lee
Circuit Judge Candace Jackson-Akiwum
Civil Rights Attorney Sherrilyn Ifill
Vice President Kamala Harris
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Elaine Godfrey of The Atlantic contends DC Circuit Court Judge Ketanji Brown Jackson could be Biden’s frontrunner:
“Jackson, who is 51, fulfills a lot of requirements for the establishment set. She has the same Ivy League credentials as the sitting justices, having earned both her undergraduate and her law degree from Harvard and edited for the Harvard Law Review. She clerked for three federal judges—including Breyer, from 1999 to 2000. If nominated and confirmed, Jackson will follow the same track as Brett Kavanaugh, who also clerked for the justice he ultimately replaced. Also like Kavanaugh—and seven other current and former justices—Jackson would be coming directly from the D.C. Circuit Court of Appeals, the second-most important court in the country after the Supreme Court.”
Godfrey also notes that Jackson doesn’t have baggage from controversial rulings which could make for a smoother nomination process.
She also notes that Jackson would likely have the 51 votes necessary to be confirmed and received votes from Republican Senators Lisa Murkowski (R-AK), Susan Collins (R-ME), and Lindsey Graham (R-SC) when she was confirmed to the DC appellate court. This all could the Biden administration avoid a contentious nomination process in which they cannot politically afford with approval ratings in the tank.
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