President Joe Biden officially announced the forthcoming retirement of Supreme Court Justice Stephen Breyer on Thursday and reiterated that he would nominate a Black woman to replace the liberal judge. (Watch above via CBS News; Biden’s remarks begin at 2:26).
“While I’ve been studying candidates backgrounds and writings, I’ve made no decision except one. The person I will nominate will be someone of extraordinary qualifications, character, experience and integrity, and that person will be the first Black woman ever nominated to the United States Supreme Court,” Biden said. “It’s long overdue in my view, I made that commitment during the campaign for president and I will keep that commitment.”
Justice Stephen Breyer's retirement clears the way for Pres. Biden to follow through on his campaign promise to nominate the first Black woman to the high court for his historic first pick. https://t.co/jWFk5ZpYNz pic.twitter.com/tmS3D2bI0u
— ABC News (@ABC) January 27, 2022
“I will select a nominee worthy of justice Breyer’s legacy of excellence and decency,” Biden added. He said he’ll propose a nominee by the end of February.
Biden was effusive in his praise of Breyer, who was nominated to the Supreme Court by Bill Clinton in 1994.
“He has patiently sought common ground and built consensus, seeking to bring the court together. I think he’s a model public servant in a time of great division in this country,” Biden said of the 83-year old.
Earlier on Thursday, Breyer formally submitted his retirement letter to the White House. It indicated that he’ll step down at the end of the current Supreme Court term – likely in late June or early July – “assuming that by then my successor has been nominated and confirmed.”
“This is a hybrid model” notes The New York Times. “Most retiring justices step down either at a set time or on the confirmation of their successor.”
Appearing alongside Biden at the White House, Breyer expressed his high regard for the ideals embodied by the Supreme Court and the United States.
“There are more than 330 million people. And my mother used to say it’s every race, it’s every religion … and it’s every point of view possible,” Breyer said. “And it’s a kind of miracle when you sit there and see all those people in front of you — people that are so different in what they think — and yet they’ve decided to help solve their major differences under law.”
“[America] an experiment that’s still going on,” Breyer added. “And I’ll tell you something, you know who will see whether that experiment works? It’s you, my friend. It’s you, Mr. High School Student. It’s you, Mr. College Student. It’s you, Mr. Law School Students. It’s us, but it’s you. It’s that next generation, and the one after that.”
“I want you to pick justice up. It’s an experiment that’s still going on.”
— SCOTUS Justice Stephen Breyer on whether the experiment of American justice will prevail pic.twitter.com/aUgMPzuxtc
— The Recount (@therecount) January 27, 2022
Brandishing a pocket-sized Constitution, the 83-year old quipped, “People have come to accept this Constitution, and they’ve come to accept the importance of a rule of law.”
CBS News reports that Democrats are prepared to confirm a justice that will solidify the court’s left flank for decades:
Top Democrats vowed to confirm a replacement to Breyer quickly, particularly in an election year when future control of the Senate is at stake. Democrats currently control the evenly divided Senate, and a simple majority is needed to confirm Supreme Court justices. The party could use a timeline similar to the one Republicans used to confirm Justice Amy Coney Barrett following the death of Ruth Bader Ginsburg. Barrett was confirmed about a month after her nomination.
“America owes Justice Breyer an enormous debt of gratitude,” Senate Majority Leader Chuck Schumer said Wednesday. “President Biden’s nominee will receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed.”