President Joe Biden has confirmed that he will nominate a black woman ‘worthy of’ retiring Supreme Court Justice Stephen Breyer’s legacy – and that he will seek advice from ‘exceptional’ Vice President Kamala Harris.
‘I’ve made no decision except one – the person I will nominate will be someone with extraordinary qualifications, character, experience and integrity and that person will be the first black woman ever nominated to the United States Supreme Court,’ Biden said during a press conference with Breyer on Thursday afternoon.
‘It’s long overdue in my view. I made that commitment during my campaign for president. I will keep my commitment. I will fully do what I said I would do.’
Biden added that he will ‘listen carefully to all the advice’ he is given and study the records and former cases of candidates, with the intention of making a decision before the end of February.
‘I will nominate a historic candidate – someone who is worthy of Justice Breyer’s legacy,’ the president said.
Biden also mentioned Harris, whom some have speculated the president is also considering for the high court.
Biden did not mention any names of individuals he is considering for the court, and spoke of Harris in the context of seeking her advice.
‘I’m fortunate to have advising me in the selection process, Vice President Kamala Harris,’ Biden said. ‘She’s an exceptional lawyer, former attorney general of the state of California and former member of the Senate judiciary committee.’
While his remark may imply that he is not considering Harris for the Supreme Court, the matter remains unclear.
Reports emerged on Wednesday that Breyer, 83, is retiring at the end of the current court term that will run until June or early July. Breyer is the oldest member of the Supreme Court and served for 27 years. He is one of three liberal justices.
Top contenders to fill Breyer’s seat are federal Judge Ketanji Brown Jackson, whom ex-President Barack Obama considered in 2016, and California Supreme Court Justice Leondra Kruger, who once served as deputy solicitor general.
Biden on Wednesday declined to comment on news of the retirement, saying, ‘There has been no announcement from Justice Breyer, let him make whatever statement he’s going to make and I’ll be happy to talk about it later’.
Later that afternoon, when asked if Biden would keep his promise to nominate a black woman to the Supreme Court, White House Press Secretary Jen Psaki said he ‘stands by that’.
At the end of the press conference on Thursday, Biden said it would be ‘inappropriate’ to take reporters’ questions with Breyer still sitting on the bench, but that he would be open to inquiries later in the day and week.
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