Following Justice Stephen Breyer ’s retirement announcement , the White House has already confirmed that President Biden will fulfill his campaign pledge to fill the Supreme Court …
Following Justice Stephen Breyer ’s retirement announcement, the White House has already confirmed that President Biden will fulfill his campaign pledge to fill the Supreme Court seat with a Black woman. Biden’s reported shortlist includes several candidates with first-rate credentials. For example, Ketanji Brown Jackson graduated from Harvard Law School, clerked for Breyer and now sits on the U.S. Court of Appeals for the D.C. Circuit. Leondra R. Kruger graduated from Yale Law School, clerked for former Justice John Paul Stevens and serves on California’s Supreme Court. Irrespective of their judicial philosophies, such nominees would bring the requisite intellect and legal experience to the Court, and either is worthy of nomination based on their credentials alone. As Black women, both judges would increase the diversity of the bench and constitute historic picks. But when Jackson, Kruger or another candidate is tapped by Biden, it’s their undisputed excellence that should earn them the nod, not a campaign promise that – while well-intentioned – risks undercutting their accomplishments and giving doubters reason to question their merit. Biden first promised to nominate a Black woman to the Court during the South Carolina primary debate in February 2020, when his campaign was floundering and he sought to bolster support among Black voters. He reiterated the pledge in subsequent months. Of course, there are numerous qualified Black women whom Democrats might enthusiastically embrace as welcome additions to the Supreme Court.
