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With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his victory in the 2020 presidential election, Democrat Joe Biden took office as president on January 20, 2021. During the 2020 Democratic primary campaign, Biden pledged to appoint a Black woman to the Supreme Court, [1] [2] [3] although unlike his opponent, Donald Trump, Biden did not release a specific list of potential nominees during the 2020 general election campaign. [4]
In February 2022, Biden selected Judge Ketanji Brown Jackson to replace Justice Stephen Breyer, who retired at the end of the court's 2022 term. [5] [6] [7]
Name | Appointed | Appointed by | Law school (JD or LLB) |
---|---|---|---|
John Roberts (Chief Justice) | 2005 | George W. Bush | Harvard University |
Clarence Thomas | 1991 | George H. W. Bush | Yale University |
Samuel Alito | 2006 | George W. Bush | Yale University |
Sonia Sotomayor | 2009 | Barack Obama | Yale University |
Elena Kagan | 2010 | Harvard University | |
Neil Gorsuch | 2017 | Donald Trump | Harvard University |
Brett Kavanaugh | 2018 | Yale University | |
Amy Coney Barrett | 2020 | University of Notre Dame | |
Ketanji Brown Jackson | 2022 | Joe Biden | Harvard University |
On January 26, 2022, it was reported that Justice Stephen Breyer planned to step down at the end of the court's current term, giving Biden his first opportunity to name a justice to the court. [8] On January 27, Biden reiterated his intention to keep his campaign promise to nominate a Black woman. [9] On February 22, it was reported that Biden had met with his top three contenders, Ketanji Brown Jackson, J. Michelle Childs and Leondra Kruger. [10] [11] On February 25, it was announced that Biden would nominate Judge Jackson. [12] [6] [13] [14] On April 7, 2022, Jackson was confirmed by a vote of 53–47. [15] She was then sworn in on June 30, 2022, at noon, when Breyer's retirement went into effect. [16] [17] [18] [19]
Following is a list of individuals who have been mentioned in various news accounts as possible nominees for a Supreme Court appointment under Biden:
Note: Individuals marked with an asterisk would fulfill Biden's commitment that his first nominee be a Black woman. [9]
Bolded individuals have been selected by Biden for the Supreme Court.
Stephen Gerald Breyer is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School.
The demographics of the Supreme Court of the United States encompass the gender, ethnicity, and religious, geographic, and economic backgrounds of the 116 people who have been appointed and confirmed as justices to the Supreme Court. Some of these characteristics have been raised as an issue since the court was established in 1789. For its first 180 years, justices were almost always white male Protestants of Anglo or Northwestern European descent.
The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. Roberts succeeded William Rehnquist as Chief Justice after Rehnquist's death.
Bruce Marshall Selya is a senior United States circuit judge of the United States Court of Appeals for the First Circuit and former chief judge of the United States Foreign Intelligence Surveillance Court of Review who is known for his distinctive writing style.
President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor to fill the vacancy created by the retirement of Justice David H. Souter. Sotomayor was confirmed by the United States Senate on August 6, 2009, by a vote of 68–31. The second appointment was that of Solicitor General Elena Kagan to replace the retired John Paul Stevens. Kagan was confirmed by the Senate on August 5, 2010, by a vote of 63–37.
Ketanji Onyika Brown Jackson is an American lawyer and jurist who is an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 2022, and confirmed by the U.S. Senate and sworn into office that same year. She is the first black woman and the first former federal public defender to serve on the Supreme Court. From 2021 to 2022, Jackson was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.
Julianna Michelle Childs is an American lawyer and jurist serving as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. She was previously a United States district judge of the United States District Court for the District of South Carolina from 2010 to 2022 and a judge of the South Carolina Circuit Court from 2006 to 2010.
Leondra Reid Kruger is an American judge who serves as an associate justice of the Supreme Court of California. A native of South Pasadena, California, she graduated from Harvard College and Yale Law School. Kruger then clerked for U.S. Supreme Court Justice John Paul Stevens, and subsequently worked in private practice and as a professor. She served as acting Principal Deputy Solicitor General of the United States from 2010 to 2011, and worked in the Office of Legal Counsel. In 2014, California Governor Jerry Brown nominated Kruger to a seat on the Supreme Court of California. She was confirmed, and was sworn in on January 5, 2015.
Florence Yu Pan is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. She was a United States district judge of the United States District Court for the District of Columbia from 2021 to 2022 and a judge of the Superior Court of the District of Columbia from 2009 to 2021.
With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his victory in the 2016 presidential election, Republican Donald Trump took office as president on January 20, 2017, and faced an immediate vacancy on the Supreme Court due to the February 2016 death of Associate Justice Antonin Scalia.
June Medical Services, LLC v. Russo, 591 U.S. ___ (2020), was a United States Supreme Court case in which the Court ruled that a Louisiana state law placing hospital-admission requirements on abortion clinics doctors was unconstitutional. The law mirrored a Texas state law that the Court found unconstitutional in 2016 in Whole Woman's Health v. Hellerstedt (WWH).
ImeIme Umana is an American lawyer who served as a law clerk for Robert L. Wilkins and Sonia Sotomayor. She was the 131st president—and the first black female president—of the Harvard Law Review.
Tiffany Patrice Cunningham is a United States circuit judge of the United States Court of Appeals for the Federal Circuit.
Candace Rae Jackson-Akiwumi is an American attorney who has served as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit since July 2021. She was previously a staff attorney at the federal defender program in the Northern District of Illinois from 2010 to 2020 and a partner at Zuckerman Spaeder in Washington, D.C., from 2020 to 2021.
Eunice Cheryl Lee is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Second Circuit. Born in West Germany, she attended Ohio State University and Yale Law School. In 2021, she was confirmed by the U.S. Senate to serve on the Second Circuit after being nominated by President Joe Biden.
Holly Aiyisha Thomas is an American attorney serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. She previously served as a judge of the Los Angeles County Superior Court from 2018 to 2022.
Arianna Julia Freeman is an American lawyer from Pennsylvania who serves as a United States circuit judge of the United States Court of Appeals for the Third Circuit.
President Joe Biden began his presidency with fewer vacancies to fill than his predecessor. He pledged to nominate people with diverse backgrounds and professional experience; further he pledged to nominate the first black woman to the Supreme Court of the United States.
On February 25, 2022, President Joe Biden announced that he would nominate Ketanji Brown Jackson to the position of associate justice of the Supreme Court of the United States to fill the vacancy by Stephen Breyer, who announced his retirement on January 27, 2022, at the age of 83. Jackson, a former law clerk of Breyer, was a judge on the United States Court of Appeals for the District of Columbia Circuit, having been appointed by Biden in 2021. Jackson is the first Black woman in U.S. history to be nominated to serve on the U.S. Supreme Court.
Julie Rikelman is a Ukrainian-born American lawyer who is serving as a United States circuit judge of the United States Court of Appeals for the First Circuit. She represented the Mississippi abortion clinic in Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court case that overturned the constitutional right to abortion.