WASHINGTON (AP) — President Joe Biden on Friday nominated federal appeals court Judge Ketanji Brown Jackson to the Supreme Court, making her the first Black woman selected to serve on a court that once declared her race unworthy of citizenship and endorsed segregation.
As he introduced Brown Jackson, Biden called her a “proven consensus builder” who has “a pragmatic understanding that the law must work for the American people.”
“She strives to be fair, to get it right, to do justice,” the president said.
In Jackson, Biden delivers on a campaign promise to make the historic appointment and to further diversify a court that was made up entirely of white men for almost two centuries. He has chosen an attorney who would be the high court’s first former public defender, though she also possesses the elite legal background of other justices.
Jackson would be the current court’s second Black justice — Justice Clarence Thomas, a conservative, is the other — and just the third in history. She would replace liberal Justice Stephen Breyer, 83, who is retiring at the end of the term this summer, so she won’t change the court’s 6-3 conservative majority.
Jackson would join the court as it weighs cutbacks to abortion rights and will be considering ending affirmative action in college admissions and restricting voting rights efforts to increase minority representation.
She would be only the sixth woman to serve on the court, but she would join three others already there, including the first Latina, Justice Sonia Sotomayor.
Jackson, 51, once worked as one of Breyer’s law clerks early in her legal career. She attended Harvard as an undergraduate and for law school, and served on the U.S. Sentencing Commission, the agency that develops federal sentencing policy, before becoming a federal judge in 2013.
Her nomination is subject to confirmation by the Senate, where Democrats hold the majority by a razor-thin 50-50 margin with Vice President Kamala Harris as the tie-breaker. Party leaders have promised swift but deliberate consideration of the president’s nominee.
The news comes two years to the day after Biden, then struggling to capture the Democratic presidential nomination, pledged in a South Carolina debate to nominate a Black woman if presented with a vacancy.
“Everyone should be represented,” Biden said then.
Senate Judiciary Committee Chairman Dick Durbin said in a statement that the panel will “begin immediately” to move forward on consideration of an “extraordinary nominee.” Senators have set a tentative goal of confirmation by April 8, when they leave for a two-week spring recess. Hearings could start as soon as mid-March.
That timeline could be complicated by a number of things, including Russia’s invasion of Ukraine and the extended absence of Democratic Sen. Ben Ray Lujan of New Mexico, who suffered a stroke last month and is out for several weeks. Democrats would need Lujan’s vote to confirm Biden’s pick if no Republicans support her.
Once the nomination is sent to the Senate, it is up to the Senate Judiciary Committee to vet the nominee and hold confirmation hearings. After the committee approves a nomination, it goes to the Senate floor for a final vote.
Biden and Senate Democrats are hoping for a bipartisan vote on the nomination, but it’s unclear if they will be able to win over any GOP senators after bitterly partisan confirmation battles under President Donald Trump. South Carolina Sen. Lindsey Graham, one of three Republicans who voted to confirm Jackson to the appeals court last year, had pushed Biden to nominate a different candidate from his home state, Judge J. Michelle Childs, who also was favored by home-state Rep. James Clyburn, a Biden ally.
Graham said earlier this month that his vote would be “very problematic” if it were anyone else, and he expressed disappointment in a tweet Friday that Biden had not nominated his preferred choice. Previewing a likely Republican attack line, he and several others on the right said Biden was going with the choice of the “radical left.”
