If, and that’s a big IF, all Republican opposed her nomination to SCOTUS, that would result in a 50/50 split, and a constitutionally uncertain issue whether VP Kamala Harris could cast a tie-breaker.
UPDATE 10:06 AM ET: Biden makes the announcement:
I’m proud to announce that I am nominating Judge Ketanji Brown Jackson to serve on the Supreme Court. Currently serving on the U.S. Court of Appeals for the D.C. Circuit, she is one of our nation’s brightest legal minds and will be an exceptional Justice.https://t.co/iePvhz1YaA pic.twitter.com/Nzqv2AtN8h
— President Biden (@POTUS) February 25, 2022
Multiple media outlets are reporting that Biden will nominate DC Circuit Court of Appeals Judge Ketanji Brown Jackson to fill the vacancy created by Justice Stephen Breyer’s announced retirement. Breyer, you will recall, has said he only will step down if and when his successor is nominated and confirmed.
Jackson’s nomination is no surprise, she has been on the short list for a long time, and was recently elevated to the DC Circuit for the obvious purpose of giving her SCOTUS credentials, as we reported almost a year ago, Here Come The Biden Judges, Including His Likely Eventual SCOTUS Nominee:
— Judge Ketanji Brown Jackson, 50, for the U.S. Court of Appeals for the District of Columbia Circuit. Jackson, who is Black, would fill the vacancy created by Judge Merrick Garland’s move to lead the Justice Department. She has served on the U.S. District Court for the District of Columbia since 2013. President Barack Obama had considered Jackson for the U.S. Supreme Court in 2016. Biden has promised to nominate a Black woman for the high court if he has the opportunity to do so.
This nomination, if it happens, bucks the demand of Rep. Jim Clyburn, who wanted South Carolina District Judge J. Michelle Childs. Remember, it was Clyburn who extracted Biden’s pledge during the campaign to nominate only a black woman to the next SCOTUS opening, Biden’s Pledge To Appoint Black Woman To SCOTUS Was Quid Pro Quo For James Clyburn’s Endorsement.
Substantial majorities opposed Biden’s pledge only to consider black women, ABC Poll: Only 28% of “Nonwhite Americans” Agree That Biden Should Only Consider A Black Woman For SCOTUS.
Jackson has an “impressive” record of reversals by the appeals court, when she was on the District Court.
Jackson was confirmed to the DC Circuit with only three Republican votes.
Collins, Graham, and Murkowski were the only Republicans to support Jackson's nomination to the DC court of appeals https://t.co/9PgOMMGdPp
— Daniel Horowitz (@RMConservative) February 25, 2022
If, and that’s a big IF, all Republican opposed her nomination to SCOTUS, that would result in a 50/50 split, and a constitutionally uncertain issue whether VP Kamala Harris could cast a tie-breaker (as she can do for legislation), as we covered in Remember When Liberal Law Profs Said VP Can’t Cast Tiebreaker On Supreme Court Nominations? I Bet Mitch Does.
We will have reactions as they develop.
Recently, the Arabella Advisors network has been increasingly vocal about the fact that Jackson was their preferred nominee—the one they are sure will rubber stamp their left-wing political agendas from the bench.
Today, Joe Biden is delivering exactly who they demanded. /2
— Carrie Severino (@JCNSeverino) February 25, 2022
Maybe the only promise Joe Biden has kept is his pledge to nominate a liberal, activist judge to the Supreme Court.
Ketanji Brown Jackson is exactly that: a radical, left-wing activist who would rubberstamp Biden's disastrous agenda. pic.twitter.com/JhcA0JsIcD
— Ronna McDaniel (@GOPChairwoman) February 25, 2022
If media reports are accurate, and Judge Jackson has been chosen as the Supreme Court nominee to replace Justice Breyer, it means the radical Left has won President Biden over yet again.
The attacks by the Left on Judge Childs from South Carolina apparently worked.
— Lindsey Graham (@LindseyGrahamSC) February 25, 2022
Not a huge surprise — Biden just picked the most extreme left-wing SCOTUS nominee in our nation’s history. Ketanji Brown-Jackson will make Sonya Sotomayor look like Sarah Palin. She’ll become the most predictable vote on the court — pro abortion, pro gender ideology, everything.
— Terry Schilling 🇺🇸 (@Schilling1776) February 25, 2022
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