President Joe Biden will announce his nomination to the Supreme Court on Friday, with federal judge Ketanji Brown Jackson as the clear leader.
The exact timing of the announcement remains uncertain, according to CNN, due to the ongoing situation with Ukraine.
But Friday marks two years since Biden vowed to make history by nominating the first black woman to the Supreme Court. He took the oath during the 2020 primary debate in South Carolina.
Biden reduced his search to replace outgoing Justice Steven Breyer to the bottom three: Jackson, 51, Michelle Childs, 55, and Leondra Kruger, 45.
Jackson is a judge on the US Court of Appeals for the District of Columbia; Leondra Krueger is a member of the Supreme Court of California and J. Michelle Childs is a federal district court judge in Columbia, South Carolina.
The first step in this process for Biden is to formally propose to the candidate, which he was supposed to make on Thursday night or Friday morning. Senate Majority Leader Chuck Schumer promised the court a swift confirmation of the stay.
His choice is not expected to change the tilt of the conservative court, but his focus on younger candidates ensures that his choice will have a lasting impact on his decisions.
According to sources close to the matter, President Joe Biden has made the decision to nominate his nominee to the Supreme Court. Ketanji Brown Jackson, 51, Judge of the U.S. Court of Appeals for the District of Columbia Circuit.
Biden promised to reveal his nominee by the end of February, but two sources close to the process told CBS News that he made his decision Thursday night. Another candidate is Leondra Kruger, 45, a member of the California Supreme Court.
Also a candidate is Michelle Childs, 55, Judge of the Federal District Court of Columbia, South Carolina.
Ketanji Brown Jackson
Ketanji Brown Jackson, 51, a judge on the US Circuit Court of Appeals, does not have a background typical of other candidates.
Justice Ketanji Brown Jackson is reportedly a leading candidate for an upcoming Supreme Court vacancy.
While many judges have established themselves as prosecutors, Jackson spent two years as a federal public defender representing indigent defendants.
She also served on the United States Sentencing Commission, an independent agency created by Congress to address inconsistencies in sentencing.
And Jackson has first-hand experience of harsh drug-related sentences in the United States: his uncle was sentenced to life in prison in 1989 for possession of cocaine.
After graduation, she worked for a number of elite law firms in Boston and Washington, and as a clerk for Breuer.
Jackson was appointed to the U.S. District Court by former President Barack Obama in 2013 and to the D.C. Court of Appeals by Biden in March 2021.
Her most famous decision came in 2019 when she said that a former White House adviser to President Donald Trump had to obey the congressional subpoena.
“Presidents are not kings,” Jackson wrote.
Jackson is married to a surgeon. They have two daughters.
— Associated Press
Lawyers believe that Jackson could be Biden’s choice after the U.S. Court of Appeals for the District of Columbia violated its normal procedure by issuing an opinion on Thursday, as opposed to the usual schedule for issuing opinions on Tuesday and Friday.
Jackson was reportedly in the majority in the 2-1 case and would most likely recuse herself if the case were dismissed after her nomination, which would split the commission.
Legal experts told CNN that the theory stems from a similar scenario that played out when current judge Brett Kavanaugh was appointed.
“Part of why this is troubling is that we saw a similar scene play out in July 2018 with then-D.C. District Judge Brett Kavanaugh,” said Steve Wladek, a CNN Supreme Court analyst and professor at the University of Texas Law School. told the news agency.
If Biden makes that announcement on Friday, it would mark two years since the 2020 South Carolina primary, when he first pledged to select the first African-American female judge.
Minion Moore, a critical race proponent who sits on the board of directors of the Black Lives Matter Global Network Foundation, will advise President Joe Biden on his choice of SCOTUS.
“The District of Columbia delivered a 2-1 decision on Monday — a day it normally doesn’t rule — in a case in which Kavanaugh was in the majority. If the case had been dropped after his nomination was announced a few hours later, he would presumably have recused himself and the panel would have split 1-1.”
“It’s not hard to imagine that the same calculation explains why this 2-1 decision with Judge Jackson in the majority was given today – another day when the court does not normally make non-emergency decisions,” he concluded.
Thursday’s case was an unargued decision in an emergency case, a DC District Court spokesman told CNN, adding that the court always has the ability to publish its opinion at any time and has done so several times over the years in emergency cases.
The case involved a dispute between a Connecticut power plant and the Federal Energy Regulatory Commission, CNN reports. Earlier this month, DC Circuit stepped in to stop an order from FERC that banned power plants from selling electricity to consumers.
Thursday’s decision was the court’s opinion explaining why they issued this emergency order and was written by Jackson and District Judge Neomi Rao.
Another candidate, California Supreme Court Justice Leondra Krueger, was reportedly spotted Thursday morning in her native California.
A car, escorted by state police, was also seen leaving the South Carolina home of District Court Judge J. Michelle Childs, a finalist in the competition. The windows were covered with plastic bags, so it’s not clear if Childs was in the car, CNN reported.
Vice President Kamala Harris also sparked speculation that an announcement was on the horizon when she postponed a trip to Louisiana scheduled for Friday.
White House press secretary Jen Psaki told reporters Wednesday that Biden would not hesitate to reveal his nominee in February despite the crisis in Ukraine, meaning the announcement would be made no later than Monday.
Jackson was transferred to the D.C. District Court last year by Biden and had previously served in the D.C. federal district court for nearly a decade. She also once worked as a clerk for Judge Stephen Breyer and was long considered a preferred contender to replace him.
“Today, Democrats believe in racial discrimination,” Ted Cruz told Fox News on Sunday, criticizing President Joe Biden’s pledge to elect a black woman to the Supreme Court.
Earlier this week, Biden touted his appointment as Clinton confidant and Kamal Harris’ best friend Minion Moore to help him select the first black female Supreme Court justice.
However, he never mentioned that she is a Black Lives Matter board member, CRT promoter, and supporter of the Defund the Police movement.
Moore’s dark blue political reputation dates back to Jesse Jackson’s 1984 and 1988 presidential campaigns.
But when the president announced that he would create a board of advisers to help him with his SCOTUS selection and confirmation strategy, he toned down Moore’s story.
Biden also drew the ire of Senator Ted Cruz, who on Sunday stepped up his attack on the president’s strategy for selecting a nominee to the Supreme Court, saying it would be illegal for anyone else to list the race and gender of applicants.
“Today, Democrats believe in racial discrimination,” Cruz said in an interview with Fox News on Sunday.
“They are committed to this as a political proposal. I think it’s wrong to stand up and say, “We will discriminate.”
Cruz said it made 94 percent of the population ineligible, including Barack Obama’s nominee Merrick Garland for a seat on the Supreme Court.
“If he’s lucky enough to have an African-American judge, great,” he continued.
“But you know what, if Fox News puts up an ad we’re looking for a new anchor for Fox News Sunday and we’ll only hire African American or Hispanic or Native American, that would be illegal.”
Leading conservatives, including former Vice President Mike Pence, raised concerns about Biden’s pledge, warning that he could lose sight of the best candidate for the position.
But supporters say it will help make the court a better representative of America.
And the White House has previously accused Cruz of being hypocritical about President Donald Trump’s choice of Amy Coney Barrett over Ruth Bader Ginsburg, who died in September 2020.
“Just over a year ago, the previous president also promised to elect a woman to the Supreme Court,” spokeswoman Jen Psaki said earlier this month.
“Not only were there no complaints about picking a candidate from a certain demographic, from the same corners, but there was widespread praise for the now Judge Barrett on that basis, and Republican legislators widely emphasized what they thought was good for women in America. .
“Take, for example, Senator Cruz himself. He didn’t mind Donald Trump’s promise to nominate a woman in 2020. I repeat: no objections.”
Coney Barrett was confirmed in October 2020, Republicans hastened to let him pass, looking closely at the upcoming presidential election.