What’s Ahead for Judge Ketanji Brown Jackson, Biden’s Supreme Court Nominee

Jackson would replace Justice Stephen Breyer, who has said he will retire this summer at the end of the court’s current session. But Democrats want to confirm Jackson months or weeks before that, ensuring she is the justice-in-waiting, in case the 50-50 balance of the Senate shifts in any way. Democrats control the Senate because Vice President Kamala Harris has the tie-breaking vote.

When announcing Jackson’s nomination on Friday, Biden noted that he had met with Durbin and the top Republican on the Judiciary panel, Iowa Sen. Chuck Grassley, in recent weeks. “My hope is that they will move promptly,” Biden said. “And I know they’ll move fairly.”Jackson was nominated by President Biden in 2021 to serve on the U.S. Court of Appeals for the District of Columbia Circuit and confirmed by the Senate last June. She previously sat on the D.C.

Senators will spend the next few weeks reading up on Jackson’s background, career and, most importantly, her decisions and opinions as a federal judge.WHEN COULD SHE BE CONFIRMED? Several factors could still delay action. Democrats are waiting on the return of New Mexico Sen. Ben Ray Luján, who suffered a stroke several weeks ago and is expected back in the Senate next month. Without Luján, Democrats don’t have the necessary 50 votes in the Senate, and would have to depend on some Republican support.

Race looms as a potential flashpoint. Several GOP senators have said it was inappropriate for Biden to pledge during his presidential campaign that he would nominate a Black woman. Texas Sen. Ted Cruz said that was discriminatory and an “insult” to Black women. Mississippi Sen. Roger Wicker said he viewed Biden’s promise as “affirmative action” for the Supreme Court.

Still, Biden and Durbin have said they want the vote to be bipartisan. Biden invited several Republican senators to the White House as he weighed his pick, and Durbin has stayed in close touch with several key Republicans, including Grassley and Susan Collins, a Maine moderate.

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