Jackson would replace Justice Stephen Breyer, who has said he will retire this summer at the end of the court's current session.
Jackson was nominated by President Biden in 2021 to serve on the U.S. Court of Appeals for the District of Columbia Circuit and confirmed by the Senate last June. She previously sat on the D.C. district court, nominated by former President Barack Obama and confirmed in 2013. Earlier in her career, she worked as a law clerk for Breyer and served on the U.S. Sentencing Commission, the agency that develops federal sentencing policy.
Several factors could still delay action. Democrats are waiting on the return of New Mexico Sen. Ben Ray Luján, who suffered a stroke several weeks ago and is expected back in the Senate next month. Without Luján, Democrats don’t have the necessary 50 votes in the Senate, and would have to depend on some Republican support to confirm Jackson.
But race looms as a potential flashpoint. Several GOP senators have said it was inappropriate for Biden to pledge during his presidential campaign that he would nominate a Black woman. Texas Sen. Ted Cruz said the move is discriminatory and an “insult” to Black women. Mississippi Sen. Roger Wicker said he views Biden’s promise as “affirmative action” for the Supreme Court.
In her acceptance speech, Jackson also noted the mentorship of Justice Stephen Breyer, who is retiring at the end of the term this summer.As long as Luján returns by the final vote, and the rest of the Democratic caucus stays healthy and present in Washington, Democrats could confirm Jackson with no Republican support. Vice President Harris could break a tie.
Graham, who has voted for several of Biden’s judicial nominees, had pushed the president to nominate federal Judge J. Michelle Childs, a South Carolinian. He said earlier this month that his vote would be “very problematic” if Childs were not the nominee, and he expressed disappointment after the announcement from the White House on Friday.Jackson would be the first Black woman justice in the court’s more than 200 years of existence and one of only a handful of women.
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