In the wake of Supreme Court Justice Stephen Breyer announcing his decision to retire at the end of the Court’s term, progressives rushed to Twitter to demand that President Joe Biden follow through on his presidential campaign promise to select SCOTUS’ first black female justice. The raced-base decision has already been hailed “historic” if it were to happen.
As pointed out by Planned Parenthood California’s Brandon Richards, during a 2020 presidential debate, then-candidate Biden pledged that he would “appoint the first black woman to the Court” while noting that “it’s required that [black females] have representation now, it’s long overdue.”
REMINDER: @POTUS @JoeBiden during the presidential debates committed to selecting a Black woman to serve on the U.S. Supreme Court:
“I’ll appoint the first black woman to the Court, it’s required that they have representation now, it’s long over due.” pic.twitter.com/VzjhT4b5Va
— Brandon Richards (@BrandonRichards) January 26, 2022
As soon as word spread that Breyer would be leaving a vacancy on the court, former Hillary Clinton presidential campaign staffer Brian Fallon opined that “Biden will get a chance to make history by putting the first Black woman on SCOTUS, and he will have many highly qualified candidates to choose from.”
“One of those candidates, Judge Ketanji Brown Jackson, was supported by all 50 Dems and three Republicans for DC Circuit last year,” he added.
Biden will get a chance to make history by putting the first Black woman on SCOTUS, and he will have many highly qualified candidates to choose from. One of those candidates, Judge Ketanji Brown Jackson, was supported by all 50 Dems and three Republicans for DC Circuit last year
— Brian Fallon (@brianefallon) January 26, 2022
Eli Mystal included Brown Jackson as well, alongside two other names: “Leondra Kruger: California Supreme Court, Michelle Childs: South Carolina District Court.”
With Breyer stepping down, here are your names:
Ketanji Brown Jackson: D.C. Circuit
Leondra Kruger: California Supreme Court
Michelle Childs: South Carolina District Court— Elie Mystal (@ElieNYC) January 26, 2022
Mystal, a progressive commentator, predicted that Biden would be hamstrung by moderate Senators Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ), but supported by key GOP votes of Senators Mitt Romney (R-UT) and Lisa Murkowski (R-AK).
“My hot take is that Kentaji Brown Jackson is the pick and she gets Romney and Murkowski and basically obviates whatever BS Manchin and Sinema are planning to pull,” he tweeted.
My hot take is that Kentaji Brown Jackson is the pick and she gets Romney and Murkowski and basically obviates whatever BS Manchin and Sinema are planning to pull.
— Elie Mystal (@ElieNYC) January 26, 2022
“She Will Rise,” a collective of black women dedicated to “using #BlackGirlMagic to save the country by getting the first Black woman appointed to the U.S. Supreme Court,” also expressed hopes that Biden would select a nominee who would fulfill the group’s mission.
For decades, we have watched as mostly white men on SCOTUS deny Black communities our most basic civil rights because they don’t equally value our needs
Justice Breyer's retirement paves the way for the first Black woman Justice in our nation’s history: https://t.co/U5XzoH3pPt pic.twitter.com/E0mNqfQ2YG
— #SheWillRise (@sistascotus) January 26, 2022
Progressive activists weren’t alone in their hopes that Biden would follow through on his campaign promise.
Senator Patty Murray (D-WA) also voiced her support for a potential justice based on race and gender.
“Justice Breyer has led an exemplary & distinguished career in public service. I’m grateful to him for all that he has done for our country,” Murray tweeted. “I support @POTUS ’s pledge to nominate the first Black woman to the Supreme Court. The Court should reflect the diversity of our country.”
Justice Breyer has led an exemplary & distinguished career in public service. I’m grateful to him for all that he has done for our country.
I support @POTUS’s pledge to nominate the first Black woman to the Supreme Court. The Court should reflect the diversity of our country.
— Senator Patty Murray (@PattyMurray) January 26, 2022
Murray also told media that she is “ready to move as quickly as possible to consider and confirm a highly qualified nominee who will break barriers and make history as the first Black woman on the Supreme Court of the United States.”
Sen. Patty Murray, No. 3 Democrat in the chamber: "I am ready to move as quickly as possible to consider and confirm a highly qualified nominee who will break barriers and make history as the first Black woman on the Supreme Court of the United States."
— Sahil Kapur (@sahilkapur) January 26, 2022
This is your reminder that President Biden promised to appoint the first Black woman on the Supreme Court.
It's long overdue. Let's get it done. https://t.co/uxR6ZKl9XL
— Marie Newman (@Marie4Congress) January 26, 2022
As The Daily Wire previously reported, Breyer has said he did not want to retire when his potential replacement would be essentially the ideological opposite of his decision making and view of the U.S. Constitution:
Speaking of a conversation with Justice Antonin Scalia on the subject of retirement, Justice Breyer recalled Scalia’s comments that, “‘I don’t want somebody appointed who will just reverse everything I’ve done for the last 25 years.” Breyer then noted that this would “inevitably be in the psychology” of his decision regarding retirement.
“I don’t think I’m going to stay there till I die — hope not,” Justice Breyer explained.
“There are a lot of blurred things there, and there are many considerations,” he said of a retirement decision. “They form a whole. I’ll make a decision.”