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The Independent UK
The Independent UK
National
Graeme Massie and Eric Garcia

Biden has made Supreme Court nominee decision and could announce on Friday, report says

AFP via Getty Images

Joe Biden has made his Supreme Court nominee decision and could announce it as soon as Friday, a report says.

The president is expected to announce a historic selection of a Black woman to replace departing Justice Stephen Breyer after making his final decision on Thursday, sources told CNN.

Aides told the news network that Russia’s invasion of Ukraine may push back the White House ceremony, but Friday would mark the two-year anniversary of Mr Biden’s pledge to nominate an African American woman, which he made ahead of the presidential primary in South Carolina in 2020.

If the war in Ukraine forces the announcement to be delayed it will reportedly take place no later than Monday, the eve of the State of the Union address.

The president has interviewed at least three potential nominees, with Ketanji Brown Jackson, Leondra Kruger and J Michelle Childs as the top candidates, according to CNN and The Washington Post.

Ms Jackson, who has widely been tipped as the frontrunner, sits on the US Court of Appeals for the DC circuit where she replaced Attorney General Merrick Garland, in June 2021. Republican Sens Lindsey Graham of South Carolina, Lisa Murkowski of Alaska and Susan Collins of Maine all voted for her.

Ms Kruger is an associate justice of the California supreme court who served as the acting principal deputy solicitor general under Barack Obama.

Ms Childs sits on the US district court for the district of South Carolina and was nominated by Mr Biden for a seat on the DC circuit court of appeals. House Minority Whip James Clyburn, whose endorsement of Biden is widely credited with him winning the Democratic nomination, has openly advocated for Ms Childs.

Similarly, Sen Joe Manchin, a conservative Democrat from West Virginia whose vote is necessary with a 50-50 Senate makeup, reported told colleagues he would like Mr Biden to nominate Ms Childs, Punchbowl news reported.

Age is often considered an important factor for a lifetime appointment, especially given how young the justices appointed by former president Donald Trump are. Ms Kruger is 45, while ms Jackson is 51 and Ms Childs is 55.

Mr Biden was expected to offer the lifetime position to his nominee on Thursday night or Friday morning, reported CNN.

Justice Breyer, 83, was nominated by Bill Clinton in 1994 and announced his retirement last month, giving Mr Biden the opportunity to fill his first seat on the bench while he enjoys the slimmest majority in the US Senate. Mr Biden served as chairman of the Senate Judiciary Committee and presided over Mr Breyer’s confirmation.

Vice President Kamala Harris postponed a Friday trip to Louisiana, increasing speculation about the announcement.

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