Biden “chosen his nominee for the Supreme Court” who could become the first black female justice in history and will announce it this morning, White House sources say.
- President Joe Biden has made his decision on his Supreme Court nominee, according to sources close to the matter.
- The search came down to three candidates: Ketanji Brown Jackson, Michelle Childs and Leondra Kruger.
- Jackson is a judge on the U.S. Court of Appeals for the District of Columbia, fueling theories she could have been a nominee following Thursday’s ruling.
- Legal experts say it’s notable that the court has disrupted its usual schedule for issuing opinions on Tuesday and Friday.
President Joe Biden has made his decision on his Supreme Court nominee and could make a formal announcement as early as Friday morning, according to sources close to the matter.
Biden promised to announce his nominee by the end of February, but two sources close to the process told CBS News that he made the decision Thursday night and could announce it as early as Friday.
The search has been narrowed down to three candidates to replace outgoing judge Steven Breuer, with finalists including Ketanji Brown Jackson, 51, Michelle Childs, 55, and Leondra Krueger, 45.
Jackson is a judge on the US Court of Appeals for the District of Columbia; Leondra Kruger is a member of the California Supreme Court; and J. Michelle Childs, Judge of the Federal District Court of Columbia, South Carolina.
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.
Another candidate is Leondra Kruger, 45, a member of the California Supreme Court.
Michelle Childs, 55, Judge of the Federal District Court of Columbia, South Carolina.
If Biden makes that announcement on Friday, it would mean two years have passed since the 2020 primary debate in South Carolina, when he first pledged to choose the first African-American female judge.
Coinciding with Biden’s Thursday night decision, the U.S. Court of Appeals for the District of Columbia circuit spawned theories that Jackson would be selected by Biden.
This comes after the court violated its usual 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.
“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 closed after his candidacy was announced a few hours later, he would presumably recuse himself and the panel would 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.