That timeline would give Mr Biden several months to find a successor to Justice Breyer while being confident he will stay on the court until new justice is confirmed by the Senate.
In the coming days, Mr. Biden will be free to do so his promise as a presidential candidate in 2020. Fighting for the Democratic nomination, he pledged to be the first president to choose a Black woman for a court date of his life.
Deciding who to nominate to replace Justice Breyer, a libertarian jurist, will not affect the ideological balance on the court, where conservatives have a 6 to 3 majority. But he does. Biden – who has repeatedly said he considers his efforts to promote diversity an important part of his legacy – is poised to make a historic and lasting mark on the face of the court.
In his remarks Thursday, Mr. Biden said he would seek advice from outside legal experts, senators and others. He has made it clear that he will be reaching out to Vice President Kamala Harris, who he calls “special counsel”. She is a former California attorney general who served on the Judiciary Committee while she was in the Senate.
“I will listen carefully to all the advice I give,” he said.
However, speculation has focused on three Black jurists considered the most likely candidates. they are Ketanji Brown Jacksona 51-year-old judge in the United States Court of Appeals for the District of Columbia Circuit; Leondra R. Kruger, a 45-year-old judge on the California Supreme Court; and J. Michelle Childs55 years old, a judge in the Federal District Court in South Carolina, to whom Mr. Biden was recently nominated to judge on a federal appeals court.
The president can still choose another person and he is not required to promote someone who is already a judge, although that is the most common route to the Supreme Court. Some of Mr. Biden’s predecessors chose politicians, lawyers or law professors.
But the president is not expected to live up to his pledge to ensure that his pick is a Black woman, and he emphasized that pledge on Thursday.
In his letter, Justice Breyer wrote that he appreciated the privilege of serving on the court for nearly 28 years, saying, “I find the work challenging and meaningful. My relationship with each of my colleagues is warm and friendly. ”
https://www.nytimes.com/2022/01/27/us/politics/biden-breyer-retire.html Biden will soon appoint Breyer’s Supreme Court successor