COLUMBIA, S.C. — At President Joe Biden’s lowest moment in the 2020 campaign, South Carolina Rep. Jim Clyburn came to him with a suggestion: He should pledge to put the first Black woman on the Supreme Court.
After some cajoling, Biden made the promise at a Democratic debate, a move Clyburn credits with turning out the Black support that helped Biden score a resounding victory in the South Carolina primary and ultimately win the White House.
Two years later, the hoped-for vacancy on the court has arrived with the retirement of Justice Stephen Breyer. Biden is standing by his pledge. And Clyburn, the highest-ranking Black member of Congress, has another ask.
As the lobbying begins over filling the open court seat, Clyburn is harnessing his history with Biden and his stature as the No. 3 House Democrat to make a forceful case for his preferred choice, U.S. District Judge J. Michelle Childs, a jurist from his native South Carolina. It’s a campaign he’s making in public and in private, helping elevate Childs to an emerging short list of Black women who could soon make history.
In addition to Childs, early discussions about a successor include California Supreme Court Justice Leondra Kruger, as well as Ketanji Brown Jackson, a former Breyer clerk who is now on the U.S. Court of Appeals for the District of Columbia Circuit. Biden is also looking at U.S. District Court Judge Wilhelmina Wright from Minnesota and Melissa Murray, a New York University law professor who is an expert in family law and reproductive rights justice.
For Biden, the court opening is a chance to show Black voters that he has not forgotten his promises to them, particularly after his failure this month to deliver on voting rights legislation in the Senate. He said Thursday that having a Black woman on the court is “long overdue” and that he would announce his choice by the end of February.
