Justice Stephen Breyer announces his retirement at the White House.
After serving nearly three decades on the Supreme Court, Justice Stephen Breyer announced his retirement on January 27. In the past year, Democratic groups and individuals have urged Breyer to step down and allow President Joe Biden to fill his seat with another like-minded judge. Breyer’s retirement comes at the right time as Democrats hold a fragile majority in the Senate and have more control of judicial confirmations.
“If all Democrats hang together – which I expect they will – they have the power to replace Justice Breyer in 2022 without one Republican vote in support… Elections have consequences, and that is most evident when it comes to fulfilling vacancies on the Supreme Court,” comments Sen. Lindsey Graham (R-SC).
A year ago, it was decided by Senate Minority Leader, Mitch McConnell, and Democratic Leader, Chuck Schumer, that just a majority vote would be needed to confirm Supreme Court nominees. With the Senate split equally between Democrats and Republicans and Vice President Kamala Harris breaking the tie, the confirmation process will hopefully be smooth.
Biden vowed during his presidential campaign that if there were a vacancy in the high court, he would nominate a Black woman; he is set to fulfill that pledge. The top contenders are Kentanji Brown Jackson, Leondra Kruger, and J. Michelle Childs.
Jackson is a 51-year-old judge on the US Court of Appeals who attended Harvard Law School and clerked for Justice Breyer. Similarly, Kruger, a 45-year-old justice on the California Supreme Court, attended Yale Law School and clerked for former Justice John Paul Stevens. Though 55-year-old Federal District Court Judge Childs is less well known, she has great support from congresspeople close to Biden.
Since Biden’s presidential campaign, Rep. Jim Clyburn (D-SC) has advocated for Childs on the high court. Clyburn says, “Coming out of a blue-collar family, growing up in a single-parent household, and having the kind of experiences of… so many people that she [Childs] will be sitting in judgment of. It is good for judges and other people in public office to have the ability to empathize, which you cannot do unless you have the experiences to understand what has gone on before you.”
Biden’s nomination will be historic and will name the first Black woman to the Supreme Court. The 2 to 1 ratio of conservative judges to liberal judges on the court will remain the same, but that does not mean that this nomination is in vain. Breyer often quelled the ideological divide on the bench. In his absence, the new justice’s perspective and personality could have a great effect on the court’s dynamic and decisions.
Additionally, the new justice would be a voice for Black women in the US. Black women are often marginalized in law due to a lack of support and bias based on their gender and race. A Black female justice could inspire current and future generations of students to pursue law.
Known as “the most pragmatic justice” on the bench, Breyer leaves a great seat to fill. It will be exciting to see who will join the high court.
