The Scotsman

Biden considers three candidates for impending vacancy at Supreme Court

- By CHAD MAXWELL newsdeskts@scotsman.com

President Joe Biden is eyeing at least three judges for an expected vacancy on the US Supreme Court as he prepares to quickly deliver on his campaign pledge to nominate the first black woman to the nation's highest court, according to aides.

Mr Biden and Justice Stephen Breyer were expected to hold an event at the White House last night to announce Mr Breyer's plans to retire, according to a person briefed on the planning who was not authorised to publicly discuss it in advance.

Early discussion­s about a successor are focusing on US circuit judge Ketanji Brown Jackson, US district judge Michelle Childs and California supreme court justice Leondra Kruger, according to four people familiar with the matter who spoke on condition of anonymity to discuss White House deliberati­ons.

Ms Jackson and Ms Kruger have long been seen as possible nominees.

Since Mr Biden took office in January 2021, he has focused on nominating a diverse group of judges to the federal bench, installing five black women on federal appeals courts, with three more nomination­s pending before the Senate.

Other possible candidates for the high court could come from among that group,

Biden aides said, especially since almost all of the recent Supreme Court nominees have been federal appeals judges.

Derrick Johnson, president of the National Associatio­n for the Advancemen­t of Colored People civil rights organisati­on, said: "He has a strong pool to select a candidate from, in addition to other sources.

"This is a historic opportunit­y to appoint someone with a strong record on civil and human rights.”

By the end of his first year, Mr Biden had won confirmati­on of 40 judges, the most since President Ronald Reagan. Of those, 80 per cent are women and 53 per cent are people of colour, according to the White House.

Ms Jackson, 51, was nominated by President Barack Obama to be a district court judge. Mr Biden elevated her to the US Courtofapp­ealsforthe­district of Columbia circuit.

Early in her career, she was also a law clerk for Mr Breyer.

Ms Childs, a federal judge in South Carolina, has been nominated but not yet confirmed to serve on the same circuit court. Her name has surfaced partly because she is a favourite among some high-profile politician­s, including Representa­tive James Clyburn, a Democrat.

Ms Kruger, a graduate of Harvard and Yale's law school, was previously a Supreme Court clerk and has argued a dozen cases before the justices as a lawyer for the federal government.

Mr Breyer, 83, who will retire at the end of the summer, according to two sources, has been a pragmatic force on a court that has grown increasing­ly conservati­ve in recent years, trying to forge majorities with more moderate justices right and left of centre.

He has been a justice since 1994, when he was appointed by President Bill Clinton.

Along with the late Justice Ruth Bader Ginsburg, Mr Breyer opted not to step down the last time the Democrats controlled the White House and the Senate during Mr Obama's presidency.

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