--- title: Will Joe Biden Keep Campaign Promise on Supreme Court Pick? description: Progressive groups and Democrats called upon President Biden to keep his promise to nominate the first Black woman to the bench. canonical: https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/ author: Madeleine Carlisle article:opinion: false article:content_tier: free article:published_time: 2022-01-26T20:51:17.000Z article:modified_time: 2026-10-14T09:18:34.181Z article:section: Politics og:title: Pressure Mounts for Biden to Nominate a Black Woman to the Supreme Court og:description: Biden "certainly stands by" his pledge to nominate a Black woman to the Supreme Court, WH Press Secretary Jen Psaki said. og:url: https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt9a4a949b54c7df9f/698a21deb3fce316f70c8dfe/Stephen-Breyer-supreme-court-joe-biden.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2400 og:image:height: 1350 og:image:alt: Inside U.S. Supreme Court After Justices Agreed To Hear Arguments On DACA In Next Term og:type: article twitter:card: summary_large_image twitter:title: Pressure Mounts for Biden to Nominate a Black Woman to the Supreme Court twitter:description: Biden "certainly stands by" his pledge to nominate a Black woman to the Supreme Court, WH Press Secretary Jen Psaki said. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt9a4a949b54c7df9f/698a21deb3fce316f70c8dfe/Stephen-Breyer-supreme-court-joe-biden.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 video:duration: 01:52 video:published: 2022-01-26 section: politics topics: Supreme Court retirement, Senate confirmation, judicial nominations, filibuster rules, midterm elections, presidential appointments, justice retirement timing genre: news, analysis tones: informative, analytical, neutral, matter-of-fact emotions: interest (medium), anticipation (low), calm (medium) sentiment: neutral audience: political news readers, policy followers, legal observers, general news audiences people: Stephen Breyer, Joe Biden, Ginsburg, Barack Obama, Mitch McConnell organizations: Supreme Court, Senate, Democrats, Republicans transcript_source: automatic transcription transcript_reviewed: not applicable ---  # Pressure Mounts for Biden to Nominate a Black Woman to the Supreme Court > Sponsored content. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=e972ee58-3cd2-4bb2-9e78-85dd7e3f1cc4&cr=time-nl-dcbrief-2026q3-v1) ## Video: AP Sources: Supreme Court Justice Breyer to Retire [Watch (HLS stream): AP Sources: Supreme Court Justice Breyer to Retire](https://cdn.jwplayer.com/manifests/eEDOcBJB.m3u8) (1:52)  _Published 2022-01-26. Liberal Supreme Court Justice Stephen Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday._ Description, summary, key points, chapters, key quotes, questions and transcript, where present, were produced automatically from the video or its captions and were not reviewed. ## Summary The video reports that Supreme Court Justice Stephen Breyer is retiring, giving President Biden his first Supreme Court nomination. It explains the political context, including the Democrats' narrow Senate control and upcoming midterms. It discusses Breyer's health and age, the typical timing of justices' retirements relative to the president's party, and the Senate rule changes that allow a simple majority to confirm judicial nominees. ## Key points - Justice Stephen Breyer's retirement gives President Biden his first opportunity to make a Supreme Court nomination. (00:00) - Democrats have the slimmest control of the Senate, where a new justice would have to be confirmed, ahead of midterm elections. (00:00) - Breyer will turn 84 in August and is the oldest justice on the court, but he is described as being in good health. (00:23) - Breyer, like Justice Ginsburg, had been under pressure to retire since Obama's presidency, when Democrats last held the Senate in 2014. (00:23) - Justices typically like to retire when the sitting president is from the same party as the president who appointed them. (00:51) - Some liberal-leaning Republican-appointed justices have retired under Obama, though this is generally not the pattern. (00:51) - Only a bare majority of the Senate is needed to confirm a Supreme Court justice or any judge now. (01:18) - Democrats removed the filibuster for judicial appointees except Supreme Court confirmations, and Mitch McConnell later removed the filibuster for Supreme Court nominees, allowing three Trump appointees. (01:18) ## Chapters - [00:00 to 00:23] Breyer's retirement and political timing. The retirement gives Biden his first Supreme Court nomination amid a narrow Senate majority before midterms. - [00:23 to 00:51] Breyer's age, health and pressure to retire. Breyer is the court's oldest justice but in good health, and had faced pressure to retire since Obama's presidency. - [00:51 to 01:18] Personal and political factors in retirements. Justices often retire when a president of their own party holds office, though exceptions exist. - [01:18 to 01:52] Senate rules for confirming judges. A bare Senate majority can confirm judges after rules changes eliminated the filibuster for most nominees. ## Key quotes - [00:00] interviewer: "Justice Breyer's retirement gives President Biden the chance to name his first, to make his first nomination to the Supreme Court." - [00:23] interviewer: "He's fit, he exercises regularly. This isn't about his health, unlike, say, Justice Ginsburg." - [00:51] interviewer: "Supreme Court retirements are typically a mixture of personal and political." - [01:18] interviewer: "It takes just a bare majority of the Senate to confirm a Supreme Court justice and indeed any any judge now." ## Questions this video answers - Why does Justice Breyer's retirement matter for President Biden? [00:00] - How does the Senate's current political balance affect a Supreme Court confirmation? [00:00] - Is Justice Breyer's retirement connected to his health? [00:23] - Why do Supreme Court justices often choose when to retire? [00:51] - How many Senate votes are needed to confirm a Supreme Court justice? [01:18]  by [Madeleine Carlisle](https://time.com/author/madeleine-carlisle/)  ## Madeleine Carlisle Jan 26, 2022 8:51 PM UTC Liberal Supreme Court Justice Stephen Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday.  by [Madeleine Carlisle](https://time.com/author/madeleine-carlisle/)  ## Madeleine Carlisle Jan 26, 2022 8:51 PM UTC Joe Biden’s summer is starting to look brighter. With widespread media reports that Justice Stephen Breyer will retire from the U.S. Supreme Court at the end of the current term, the President may have an opportunity to take a major step in his goal to build [a more diverse federal judiciary.](https://time.com/6047501/joe-biden-federal-judges/) Biden pledged on the campaign trail that he would nominate the first Black woman to the Supreme Court, and on Wednesday—before the Supreme Court or the White House publicly confirmed Breyer’s plans—Democrats were already pressuring Biden to keep his promise. The calls came from progressive groups and sitting lawmakers alike. “Biden will get a chance to make history by putting the first Black woman on SCOTUS,” [tweeted](https://twitter.com/brianefallon/status/1486383675965116420) Brian Fallon, executive director of Demand Justice, a progressive judicial advocacy group. “.@POTUS you promised us a Black woman on the Supreme Court. Let’s see it happen,” [tweeted](https://twitter.com/RepBowman/status/1486391987272097795) Rep. Jamaal Bowman, a Democrat from New York. “I support @POTUS’s pledge to nominate the first Black woman to the Supreme Court,” tweeted Sen. Patty Murray, a Democrat from Washington whose vote Biden will need on his nominee in an evenly divided Senate. “The Court should reflect the diversity of our country.” > [](https://twitter.com/PattyMurray/status/1486392490538283015) Biden has already nominated a diverse array of judges to the federal bench. He’s had 40 district and appellate judges confirmed by the Senate in 2021—the most for a new president in decades. His nominees included the first openly LGBTQ woman to serve on a federal circuit and first Muslim American federal judge, and he has named more Black women to circuit courts than any of his predecessors. Nominating the first Black woman Justice could ensure diversifying the federal judiciary is one of his defining legacies as President: only two Black Americans, Justices Thurgood Marshall and Clarence Thomas, have served on the Supreme Court, and Justice Sonia Sotomayor, who is Latina, is the only only woman of color to ever sit on the highest court in the country. “Both the Democratic base and Democratic leaders genuinely care about improving racial diversity, and appointing a Black woman to the Supreme Court would be a historic step in that direction,” says Scott Anderson, senior editor at _Lawfare_ who served in the State Department under President Barack Obama. “The Democratic base also views these sorts of historic milestones favorably, and it will give Biden—and Democrats more generally—an important accomplishment they can put forward to voters.” Biden “certainly stands by” his pledge to nominate a Black woman to the Supreme Court, White House Press Secretary Jen Psaki said Wednesday. She would not confirm whether Breyer plans to step down, and the White House and the Supreme Court did not respond to TIME’s requests for comment. Former President Donald Trump had enormous success [seating conservative judges](https://time.com/5139118/inside-trumps-plan-to-dramatically-reshape-us-courts/)—who tended to be white and male—confirming over 230 federal judges and three Supreme Court justices in just four years. On the campaign trail, Biden pledged to push back with more diverse nominees, and he ramped up those efforts early in his term. “He feels this personally,” a White House lawyer with knowledge of the nominations process told TIME back in May. “His commitment to these issues really goes back decades.” **Read More:** [_Behind The Scenes of President Biden’s Supreme Court Reform Commission_](https://time.com/6127632/supreme-court-reform-commission/) Numerous legal experts say they expect Biden will keep his campaign promise and nominate a Black woman to replace Breyer, and many view Judge Ketanji Brown Jackson as a top contender for the position. Jackson, who clerked for Breyer, was confirmed to the U.S. Court of Appeals for the District of Columbia in June to replace Attorney General Merrick Garland. Any nominee will need likely need the approval of every Democrat in the Senate, including West Virginia Sen. Joe Manchin and Arizona Sen. Kyrsten Sinema, who have [jettisoned progressive hopes ](https://time.com/6130183/joe-manchin-build-back-better/)to pass Biden’s Build Back Better social spending plan and tanked [voting-rights reform](https://time.com/6140965/electoral-count-act-reform-congress/) bills by refusing to do away with the Senate filibuster. Jackson could win their approval. She was confirmed to the D.C. Circuit last year by 53 votes in the Senate, including all Democrats and Republican Sens. Lisa Murkowski of Alaska, Susan Collins of Maine and Lindsey Graham of South Carolina. Several legal experts tell TIME they think a history of bipartisan support from Republicans may be key for a nominee. Another name potentially in the mix is California Supreme Court Justice Leondra Kruger, who clerked for [Justice John Paul Stevens](https://time.com/5627937/justice-john-paul-stevens-obituary/) and has a long career as an appellate litigator. Legal experts, including those that served on the White House’s Supreme Court reform commission, have also floated NAACP Legal Defense Fund President Sherrilyn Ifill, [recently](https://news.bloomberglaw.com/us-law-week/holly-thomas-is-fourth-biden-pick-confirmed-to-ninth-circuit) confirmed Ninth Circuit Judge Holly Thomas, NYU Law professor Melissa Murray, and _The New Jim Crow_ author and law professor Michelle Alexander. “President Biden won this election, in part, due to the efforts of Black women who worked tirelessly on his behalf,” says Murray. “They will expect him to honor this promise. And he will need them as he presses his domestic agenda and prepares for 2024.” (When asked about her name being in the mix, Murray replied, “It is very flattering to be mentioned alongside such distinguished lawyers, some of whom are friends and much-admired colleagues. But I won’t be getting measured for robes any time soon!”) Biden’s choice could unite Democrats in an election year when the party is expected to lose seats in Congress in the midterms. “This opening comes at an opportune time with [Biden’s approval numbers declining](https://time.com/6140442/joe-biden-presidency-second-year/) and Democrats downright depressed about the party’s midterm prospects,” says Bertrall Ross, a law professor at University of Virginia Law School who served on [Biden’s Supreme Court reform commission](https://time.com/6127632/supreme-court-reform-commission/). Rick Pildes, a professor at NYU law school who also served on the commission, adds that despite “internal fractures within each party, the stakes in these appointments are perceived to be so high that the parties rally around the President’s choice once it has been made.” If Biden gets a Justice confirmed later this year it could secure the seat for a liberal justice for decades to come, but it would not impact the ideological balance of the Supreme Court, which currently has a 6-3 conservative supermajority. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/"},"headline":"Pressure Mounts for Biden to Nominate a Black Woman to the Supreme Court","datePublished":"2022-01-26T20:51:17.000Z","dateModified":"2026-10-14T09:18:34.181Z","description":"Progressive groups and Democrats called upon President Biden to keep his promise to nominate the first Black woman to the bench.","url":"https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/","keywords":["Supreme Court","Second click"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt9a4a949b54c7df9f/698a21deb3fce316f70c8dfe/Stephen-Breyer-supreme-court-joe-biden.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Madeleine Carlisle","jobTitle":null,"url":"https://time.com/author/madeleine-carlisle/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt9a4a949b54c7df9f/698a21deb3fce316f70c8dfe/Stephen-Breyer-supreme-court-joe-biden.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Inside U.S. Supreme Court After Justices Agreed To Hear Arguments On DACA In Next Term","caption":"The chairs of U.S Supreme Court Justices Neil Gorsuch, from left, Sonia Sotomayor and Stephen Breyer sit behind the courtroom bench in Washington, on July 9, 2019.","creditText":"Andrew Harrer—Bloomberg/Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https://time.com/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/tag/supreme-court/","name":"Supreme Court"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/","name":"Pressure Mounts for Biden to Nominate a Black Woman to the Supreme Court"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"AP Sources: Supreme Court Justice Breyer to Retire","description":"Liberal Supreme Court Justice Stephen Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday.","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/eEDOcBJB/poster.jpg?width=720","uploadDate":"2022-01-26T18:58:00.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/eEDOcBJB.m3u8","embedUrl":"https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/","duration":"PT1M52S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/6142743/joe-biden-supreme-court-nominee-black-woman-campaign-promise/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```