Biden admin confirms president IS considering Rep. Clyburn's choice for SCOTUS: Michelle Childs

The Biden administration confirmed a U.S. South Carolina District Court judge backed by U.S. Rep. James Clyburn is among those considered to replace retiring Supreme Court Justice Stephen Breyer. 

Michelle Childs, 55, was tapped for a promotion last month by President Joe Biden to the Court of Appeals for the District of Columbia Circuit, but the nomination has been postponed as she is now in consideration for the highest court in America after Biden vowed to nominate a black woman for the Supreme Court in February. 

It came as part of a deal Biden struck with Clyburn, who previously chaired the Congressional Black Caucus and offered his endorsement for Biden in 2020 with a caveat – that the then-candidate publicly pledge to place a black woman on the Supreme Court should he get the chance in his tenure. 

White House spokesman Andrew Bate said in a statement: ‘Judge Childs is among multiple individuals under consideration for the Supreme Court, and we are not going to move her nomination on the Court of Appeals while the President is considering her for this vacancy.’  

Michelle Childs, 55, a US South Carolina District Court judge, was confirmed to be among the candidates to replace Supreme Court Justice Stephen Breyer

Michelle Childs, 55, a US South Carolina District Court judge, was confirmed to be among the candidates to replace Supreme Court Justice Stephen Breyer

The South Carolina judge has a key ally in Rep. James Clyburn (center), a longtime friend of Biden's who offered his endorsement in 2020 to the then-presidential candidate in exchange that Biden publicly vow to nominate a black woman for the Supreme Court if given the chance

The South Carolina judge has a key ally in Rep. James Clyburn (center), a longtime friend of Biden’s who offered his endorsement in 2020 to the then-presidential candidate in exchange that Biden publicly vow to nominate a black woman for the Supreme Court if given the chance 

Biden said he would name his nomination for the Supreme Court in February

Biden said he would name his nomination for the Supreme Court in February

Childs had earned criticism after her September 2020 decision to kill a measure in South Carolina’s new elections bill that would have tightened security on mail-in ballots, which was believed to tip the favor for Democrats. 

Before the 2020 election, the South Carolina legislature passed a bill allowing all voters to vote absentee regardless of their reason in a state of emergency due to the COVID-19 pandemic, but an amendment to remove a provision requiring a witness signature failed.

Childs upheld the law but struck down the signature requirement in a decisive victory for state and national Democrats who voted by mail at a higher rate than Republicans. 

It was swiftly overturned by the Supreme Court in early October.

Childs had also demonstrated a significant deference to Congress during her 2010 confirmation hearing the the South Carolina US District Court – indicating she may give federal lawmakers the benefit of the doubt on some occasions.

When asked by Senator Dianne Feinstein about her understanding of Congressional authority as given by the Constitution, the Childs had said: ‘With respect to any laws respecting your Congressional powers, I would presume that anything that you all are doing is constitutional and would approach it with that mindset, knowing that you would only enact laws that you have had due deliberance over and consider deliberation over.’ 

But despite her progressive resume, Childs revealed her view on interpreting the Constitution is more in line with conservatives. 

Childs replied ‘no’ when asked on her nomination questionnaire whether she thought the Constitution is a ‘living’ document – meaning its interpretation cannot be changed while society changes.

Childs’ objective take is similar to how Justice Amy Coney Barrett described her ‘Originalist’ interpretation of the nation’s laws. 

Childs’ nomination received backing by Rep. Clyburn, of South Carolina, who said Child’s background, as a graduate of state universities in Florida and South Caroline, were sorely needed in the Supreme Court which has eight justices that went to Ivy League schools.

Child spent a decade in private practice and as a state court trial judge in the South Carolina Circuit. Also in her tenure she was deputy director of the South Carolina Department of Labor, Licensing and Regulation, and commissioner on the South Carolina Workers’ Compensation Commission. 

US Rep. James Clyburn, of South Carolina, is backing Childs and said her background is sorely needed in the US Supreme Court

US Rep. James Clyburn, of South Carolina, is backing Childs and said her background is sorely needed in the US Supreme Court

Justice Stephen Breyer, on of the liberal justices, announced his retirement on Thursday

Justice Stephen Breyer, on of the liberal justices, announced his retirement on Thursday

Biden announced liberal Justice Breyer’s retirement after nearly 30 years on the court on Thursday, with the 83-year-old standing by his side. 

Getting a new young liberal on the high court would be a badly-needed win for Biden, whose first year in office was marked by foreign policy crises, legislative setbacks and plummeting poll numbers.  

During his remarks on Thursday Biden promised to hear recommendations from both sides of the aisle, and confirmed that he would use his task to shape the U.S. judicial system for his political promise. 

‘Our process is going to be rigorous. I will select a nominee worthy of Justice Breyer’s legacy of excellence and decency,’ Biden said. ‘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 Supreme Court,’ the president added.

Biden said it was ‘long overdue’ and noted how he had made that commitment during the 2020 campaign – as part of a pledge to secure a key endorsement from South Carolina Rep. Jim Clyburn, the most powerful black member of Congress. ‘And I will keep that commitment,’ Biden said.  

Senate GOP Leader Mitch McConnell immediately seized on Biden’s remarks, pointing to the razor-thin margin in the U.S. Senate, where the nominee will have to be confirmed. 

‘Looking ahead – the American people elected a Senate that is evenly split at 50-50. To the degree that President Biden received a mandate, it was to govern from the middle, steward our institutions, and unite America,’ McConnell said. ‘The President must not outsource this important decision to the radical left. The American people deserve a nominee with demonstrated reverence for the written text of our laws and our Constitution,’ the Kentucky Republican added. 

Among the leading contenders for the Supreme Court nomination include D.C. Circuit Judge Ketanji Brown Jackson.  

Jackson, 51, widely thought to be Biden’s top pick, was elevated from her previous post as a judge on the federal district court in Washington, D.C., where she remained from 2013-2021.

Jackson, widely seen as Biden's top pick, was a lawyer for Barack Obama's 2008 presidential campaign

Jackson, widely seen as Biden’s top pick, was a lawyer for Barack Obama’s 2008 presidential campaign

During her confirmation hearing for the highly influential D.C. Circuit Court of Appeals, Jackson told the Senate Judiciary Committee that her race would add ‘value’ to the bench when trying to explain how it would not play a role in her decisions. 

‘I’m looking at the arguments, the facts and the law. I’m methodically and intentionally setting aside personal views, any other inappropriate considerations, and I would think that race would be the kind of thing that would be inappropriate to inject into my evaluation of a case,’ she said.

Then Jackson added: ‘I’ve experienced life in perhaps a different way than some of my colleagues because of who I am, and that might be valuable – I hope it would be valuable – if I was confirmed to the court.’ 

Jackson had also served as a lawyer for Barack Obama’s 2008 presidential campaign.  

Another judge widely favored to earn the nomination is California Supreme Court Justice Leondra Kruger. 

Kruger is the youngest prospective pick being reported at just 45 years old, though she's already turned down Biden's offer for Solicitor General twice

Kruger is the youngest prospective pick being reported at just 45 years old, though she’s already turned down Biden’s offer for Solicitor General twice

Kruger would be a younger choice at 45, and is widely seen as a moderate to liberal judge in the Golden State. 

She served under Obama as acting Principal Deputy Solicitor General from May 2010 – June 2011 where she argued 12 cases in front of the Supreme Court. During her time at the Department of Justice, Kruger earned in both 2013 and 2014 the Attorney General’s Award for Exceptional Service, which is the agency’s highest employee award.

She also clerked for late Justice John Paul Stevens who served on the Supreme Court from 1975 to 2010 and died in 2019.

Kruger was also the youngest person appointed to the California Supreme Court when then-Governor Jerry Brown nominated her in 2014. 

‘The President must not outsource this important decision to the radical left’: McConnell warns Biden not to pick a super liberal for SCOTUS moments after he confirmed he would replace Justice Breyer with the court’s first black woman  

President Joe Biden delivered remarks Thursday on the retirement of Supreme Court Justice Stephen Breyer – and confirmed he would select a black woman to be Breyer’s replacement, which prompted Senate Minority Leader Mitch McConnell to immediately stoke fears the president would select someone endorsed by the ‘radical left.’ 

‘Our process is going to be rigorous. I will select a nominee worthy of Justice Breyer’s legacy of excellence and decency,’ Biden said. ‘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 Supreme Court,’ the president added.

Biden said it was ‘long overdue’ and noted how he had made that commitment during the 2020 campaign – as part of a pledge to secure a key endorsement from South Carolina Rep. Jim Clyburn, the most powerful black member of Congress. ‘And I will keep that commitment,’ Biden said. 

‘I’m going to invite senators from both parties to offer their ideas and points of view. I’ll also consult with leading scholars and lawyers. And I’m fortunate to have advising me in this selection process, Vice President Kamala Harris,’ Biden continued. ‘She’s an exceptional lawyer, former attorney general of the state of California, former member of the Senate Judiciary Committee.’  

Biden said he planned to make his decision before the end of February. 

He asked that the Senate move on his choice ‘promptly,’ as Democrats could lose control of the Senate after the November midterms.  

Directly after Biden made his remarks, McConnell pointed to the razor-thin margin in the U.S. Senate, where the nominee will have to be confirmed. 

‘Looking ahead – the American people elected a Senate that is evenly split at 50-50. To the degree that President Biden received a mandate, it was to govern from the middle, steward our institutions, and unite America,’ McConnell said. ‘The President must not outsource this important decision to the radical left. The American people deserve a nominee with demonstrated reverence for the written text of our laws and our Constitution,’ the Kentucky Republican added. 

Press secretary Jen Psaki seemingly took a swipe at McConnell at the Thursday afternoon press briefing, complimenting those Republicans who said they’d work with the White House while chastising those who plan to play ‘games.’

‘We have not mentioned a single name. We have not put out a list. The president made very clear he has not made a selection,’ Psaki said. ‘And if anyone is saying they plan to characterize whoever he nominates after thorough consideration with both parties as “radical” before they no literally anything about who she is, they just obliterated their own credibility.’ 

President Joe Biden delivered remarks Thursday on the retirement of Supreme Court Justice Stephen Breyer - and confirmed he would select a black woman for Breyer's replacement

President Joe Biden delivered remarks Thursday on the retirement of Supreme Court Justice Stephen Breyer – and confirmed he would select a black woman for Breyer’s replacement

Justice Breyer (right) holds up a copy of the U.S. Constitution as he briefly addressed the press during Thursday's event in the Roosevelt Room

Justice Breyer (right) holds up a copy of the U.S. Constitution as he briefly addressed the press during Thursday’s event in the Roosevelt Room 

Dr. Joanna Breyer (left) and Dr. Jill Biden (right) listen at an event announcing Justice Stephen Breyer's retirement from the Supreme Court

Dr. Joanna Breyer (left) and Dr. Jill Biden (right) listen at an event announcing Justice Stephen Breyer’s retirement from the Supreme Court 

First Lady Jill Biden (second from right) escorts Joanna Breyer (right) from the Roosevelt Room as Justice Stephen Breyer (left) and President Joe Biden (upper right) conclude their remarks at an event Thursday

First Lady Jill Biden (second from right) escorts Joanna Breyer (right) from the Roosevelt Room as Justice Stephen Breyer (left) and President Joe Biden (upper right) conclude their remarks at an event Thursday 

Speaking about Breyer in the Roosevelt Room, Biden said, ‘this is sort of a bittersweet day for me,’ noting how he and the 83-year-old justice ‘go back a long way, all the way back to the 70s when he first came on the Judiciary Committee.’ 

‘Today Justice Breyer announces his intention to step down from active service after four decades, four decades on the federal bench and 28 years on the United States Supreme Court,’ Biden announced.  

Biden opened up his remarks by saying hello to ‘Dr. Breyer,’ the justice’s wife, Joanna, and his own wife, Dr. Jill Biden. 

The president then walked people through Breyer’s life of public service, from enlisting in the U.S. Army as a teenager, and serving in ‘all three branches of the federal government before he turned 40.’ Breyer was a law clerk to Supreme Court Justice Arthur Goldberg, a prosecutor in the Department of Justice and a member of the Watergate prosecution team.

Biden said he first encountered Breyer when the president was a senator on the Senate Judiciary Committee and Breyer served as a lawyer under then Senate Judiciary Chairman Sen. Ted Kennedy. 

‘Beyond his intellect and hard work and legal insight, he was famous for biking across Washington virtually every day for a face-to-face meeting with a Republican chief counsel, a ranking Republican counsel – and over breakfast they discussed what they would do for the country together,’ Biden noted. ‘Because in those days we tried to do things together.’ 

‘That spirit stuck with me when I took over the Judiciary Committee as chair after Sen. Kennedy’s tenure,’ Biden added. 

Biden called it an ‘honor’ to promote Breyer to the federal bench in 1980.

Senate confirmation process for new Justice 

After President Joe Biden names his pick for the Supreme Court, his nominee must be Senate confirmed.

Democrats hold the advantage given their control of 50-50 split chamber. 

The first step in the process is for the nominee to make visits to senators’ office. Then the Senate Judiciary Committee will hold confirmation hearings.

The entire Senate would then vote for or against the nominee’s confirmation.

Democrats will be expected to toe the line and support Biden’s pick, even rogue Democratic Senators Joe Manchin and Kyrsten Sinema would be expected to be ‘yes’ votes. 

If all Republican senators oppose the nominee, Vice President Kamala Harris would cast the tie-breaking vote.

And Republicans won’t be able to filibuster the nominee thanks to their own actions. 

In April 2017, then-Senate leader Mitch McConnell ended the filibuster rule for Supreme Court nominees, letting them advance to a final vote on a simple majority. He did it to help the confirmation of President Trump’s Supreme Court nominee Neil Gorsuch.

‘And then 14 years later, in 1994, I got to preside as chairman of the Senate Judiciary Committee over his Supreme Court confirmation hearings,’ Biden continued. 

‘We were joking with one another when he walked in – would we ever think that he would have served decades on the court and I’d be president of the United States the day he came and retired,’ Biden added.  

When it was Breyer’s turn to speak, he called the president’s comments ‘terribly nice.’  

Breyer then gave free-wheeling remarks about how the U.S. is a ‘complicated country’ with ‘every point of view possible.’

‘And yet they decided to help solve their major differences under law,’ Breyer remarked. ‘And when my students get too cynical I say go look at what happens in countries that don’t do that.’  

Later, Biden invited the Breyers to spend the night in the White House’s Lincoln Bedroom. 

‘I don’t know if you’ve ever been to the White House in the Lincoln Bedroom. But I invite both of you to come and stay. The Lincoln Bedroom has against the wall between the windows looking out, a hand-written copy of the Gettysburg Address, written by Lincoln,’ Biden said. ‘So you’ve got to come and see it and even if you can’t come and stay, bring your grandchildren so they can see it as well.’ 

Breyer had remarked that he and his wife had paid ‘each of our grandchildren a certain amount of money to memorize the Gettysburg Address.’ 

As Biden wrapped up the event, he told the reporters in the room he wouldn’t be taking questions because it wasn’t ‘appropriate.’  

It would be a badly needed victory for Biden if he manages to get a new left-leaning justice confirmed with a razor thin 50-50 split in the Senate. 

The president is already reportedly considering multiple potential replacements.

Three candidates generating serious buzz are DC Circuit Court Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger and South Carolina District Court Judge J. Michelle Childs. 

Jackson and Childs were both tapped for promotions by Biden in 2021. Jackson was confirmed to her DC Circuit Court role in June, while Childs was nominated to the same bench in December. 

Some conservative commentators have objected to Biden narrowing his choice for the high court by race and gender. 

Asked about their complaints in the Thursday briefing, Psaki replied that ‘the fact that no black woman has been nominated shows a deficiency of the past selection processes not a lack of qualified candidates to be nominated to the Supreme Court.’ 

Psaki also pointed out that Republican President Ronald Reagan purposely selected the first female Supreme Court justice, Sandra Day O’Connor. 

She refused to say when Biden found out Breyer was retiring. 

‘This was Justice Breyer’s decision to make, on his own timeline and through his own conditions he determined,’ Psaki said. ‘So we aren’t going to lay out more specifics from here in terms of when the president was aware.’   

Democrats are already racing against the clock to get whoever Biden chooses onto the bench, with the 2022 midterm elections looming at the end of the year. 

Senate Majority Leader Chuck Schumer and Senate Judiciary Chair Richard Durbin released statements on Wednesday that stressed their preferred short timeline.

‘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,’ Schumer said.

Durbin added that he looked ‘forward to moving the President’s nominee expeditiously through the Committee.’ 

On the White House side, Psaki said Harris will play a ‘central role’ in the process, as well as Chief of Staff Ron Klain, White House Counsel Dana Remus, Senior Advisor Cedric Richmond, Paige Herwig, who works in the counsel’s office and Louisa Terrell, the director of the White House Office of Legislative Affairs. 

Breyer is one of three liberals on the Supreme Court, alongside Justices Sonia Sotomayor and Elena Kagan.

Former President Donald Trump was able to fill three empty slots during his four-year term, giving the court a decisive conservative supermajority.

Calls for the octogenarian justice to retire increased after Biden won the 2020 election.

The reported pressure on Breyer increased as Republicans’ chances of taking back the Congressional majority in November 2022 swelled. 

Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch, Associate Justice Amy Coney Barrett, Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor pose for a group photo at the Supreme Court in April 2021

Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch, Associate Justice Amy Coney Barrett, Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor pose for a group photo at the Supreme Court in April 2021

Breyer was appointed to the high court by President Bill Clinton, who announced his decision in 1994

Breyer was appointed to the high court by President Bill Clinton, who announced his decision in 1994

Democrats have faced significant GOP roadblocks to the high court in the past – after late Justice Antonin Scalia’s passing, McConnell, then the majority leader, successfully blocked Barack Obama’s nominee, now Attorney General Merrick Garland, from even getting a hearing in 2015. 

Obama had reportedly tried to convince late Justice Ruth Bader Ginsburg to retire in 2013 to give him an earlier chance at getting another liberal on the court. 

She apparently rebuffed calls to step down, before dying on the bench under the Trump administration and enabling him to appoint young conservative Justice Amy Coney Barrett. 

Confirming judicial nominees only requires a simply majority vote in the Senate, thanks to rules changes that started in 2013 – for non-SCOTUS nominees – and then for SCOTUS judges in 2017. 

Biden will simply have to hold together his Senate Democratic caucus to get his pick appointed to the high court.    

All eyes are now turned to Sens. Joe Manchin and Kyrsten Sinema, whose reservations led to the deaths or at least indefinite pauses to two key Biden agenda items: the $1.75 trillion Build Back Better bill and voting rights legislation, as the moderates were against meddling with the Senate filibuster. 

But historically, he should have more luck getting them on board here. Neither Manchin nor Sinema have voted against one of the president’s judicial picks so far.

Manchin released a statement on Wednesday signaling he was open to considering Breyer’s replacement, but it was noticeably void of the rushed language in Schumer and Durbin’s sentiments.

‘I take my Constitutional responsibility to advise and consent on a nominee to the Supreme Court very seriously,’ Manchin said.

‘I look forward to meeting with and evaluating the qualifications of President Biden’s nominee to fill this Supreme Court vacancy.’

DailyMail.com has reached out to both Manchin and Sinema’s offices.

source: dailymail.co.uk