Will the First Black Female U.S. Supreme Court Justice Emerge?

Justice Brian to Retire in June
Biden: "Black Woman for Vacancy"
Ketanji Brown Jackson Likely

[Asia Economy Reporter Cho Hyun-ui] Expectations are growing that the first Black female federal Supreme Court justice in U.S. history will be appointed. This is because Steven Breyer, the oldest sitting justice on the U.S. Supreme Court, is set to retire at the end of June.

The New York Times (NYT) and others reported on the 26th (local time) that Justice Breyer plans to retire after the current term ends. At 83 years old, he was nominated by former President Bill Clinton in 1994 and has served as a federal Supreme Court justice for 28 years. Known as a prominent progressive figure, he has authored rulings supporting abortion rights and access to healthcare services, leading related decisions.

President Joe Biden will be able to appoint a successor following Justice Breyer’s retirement. During former President Donald Trump’s tenure, three conservative justices were appointed to the Supreme Court, resulting in a current 6-3 conservative-to-progressive split.

During the 2020 presidential debates, then-candidate Biden promised that if a vacancy arose during his term, he would appoint a Black woman as a successor. This promise earned him the public support of Congressman James Clyburn, a prominent Black politician considered the "Number 3" in the Democratic House, which helped pave the way for his election victory.

Last year, Congressman Clyburn reiterated that he had repeatedly urged President Biden to keep this promise. In an interview with Bloomberg News, he said, "I am a father of three daughters," adding, "If I cannot convey to the president that there is a strong voice among African Americans demanding that Black women deserve to be appointed to the Supreme Court just like other women, then I am not a good father."

The leading candidate to succeed Breyer is Ketanji Brown Jackson, whom President Biden nominated to the federal appeals court in March last year. Jackson, 51, is a Harvard University and Harvard Law School graduate and was appointed as a judge of the Washington D.C. District Court during the Barack Obama administration in 2012. The Washington Post described Jackson as "a former public defender," noting that this background would be rare for a Supreme Court justice.

Another strong contender is Leondra Kruger, a California Supreme Court justice who declined to join the White House under the Biden administration. Jay Michelle Childs, a federal judge favored by Congressman Clyburn, is also mentioned as a potential candidate.

White House Press Secretary Jen Psaki stated at a briefing that "President Biden has repeatedly affirmed his commitment to appointing a Black woman to the Supreme Court and maintains that position," but added, "However, no further details will be disclosed until an official announcement is made."

So far, there have been two Black federal Supreme Court justices, both male. The first Black justice in history was Thurgood Marshall, appointed by President Lyndon Johnson in 1967. When Marshall retired in 1991, President George H. W. Bush appointed Clarence Thomas, also Black, as his successor. Thomas is currently serving as a Supreme Court justice and is the only justice who has served longer than Breyer. If President Biden appoints the first Black female federal Supreme Court justice, she will become the sixth female justice in U.S. history.