Although Presidents Biden’s pick to replace Justice Stephen Breyer will not change the balance of the court, given that Breyer will almost certainly be replaced with a fellow liberal, the new nominee is expected to be much younger and could serve on the court for decades.
The court currently has six conservative justices appointed by Republican presidents, and three liberals appointed by Democrats.
On the campaign trail, Biden vowed that if he were to get a vacancy he would fill it with an African American woman, which would represent a historic first for the high court. White House press secretary Jen Psaki told reporters Wednesday that Biden “certainly stands by” the promise, but declined to offer any specifics.
Potential candidates include Judge Ketanji Brown Jackson, 51, who was confirmed last year to the powerful DC-based appellate court. She once served as a law clerk for Breyer, and also worked as an assistant federal public defender and served on the US Sentencing Commission.
Another possibility would be Justice Leondra Kruger, 45, who serves on the California Supreme Court and is a veteran of the US Solicitor General’s office. Members of Biden’s team have previously stressed that they are seeking diversity for judicial appointments and that they are prepared to break from the norm and consider those whose legal experiences have been historically underrepresented on the federal bench, including those who are public defenders and civil rights and legal aid attorneys.
Here’s a look at the current makeup of the court: