The White House said Biden ‘stands by’ his pledge to nominate a Black woman.

President Joe Biden and Justice Stephen Breyer will make a joint appearance at 12:30 p.m. Thursday at the White House to announce Breyer’s retirement from the Supreme Court, clearing the way for Biden to follow through on his campaign promise to nominate the first Black woman to the high court for his historic first pick.

The White House said Wednesday it would give Breyer the opportunity to make any announcements before elaborating on a replacement.

Retiring justices typically deliver a formal announcement to the president in writing.

In finishing out the term — but stepping down ahead of the midterm elections — Breyer, 83, the most senior member of the Supreme Court’s liberal wing who served on the bench for 27 years, fulfills the wish of Democrats who lobbied to ensure Biden could name a successor while Democrats controlled the Senate.

With the slimmest of margins, Democrats can now pass Biden’s nominee without a single Republican vote due to a 2017 rule change under then-Senate Majority Leader Mitch McConnell, which lowered the threshold to break the filibuster from 60 votes to 51 votes for Supreme Court nominees. McConnell said last year that the GOP may try to block a Democratic nominee to the court if Republicans won control of the Senate in November and a vacancy occurred in 2023 or 2024.

Senate Majority Leader Chuck Schumer said Wednesday the chamber is prepared to move to confirm Biden’s nominee with “all deliberate speed.” Judge Ketanji Brown Jackson, who once served as a clerk to Breyer and was confirmed to the D.C. Circuit Court of Appeals last year with bipartisan support, is considered a top contender.

Once Biden nominates a replacement, Senate Democrats plan to not only hold a confirmation hearing swiftly — similar to Justice Amy Coney Barrett, who had her first hearing within 13 days of her nomination — but also to hold those proceedings while Breyer is still sitting on the bench, according to two Democratic aides familiar with the matter.

While the transition presents an exciting opportunity for Biden and his supporters, replacing Breyer will not change the court’s 6-3 conservative majority.



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