I was done writing my newsletter piece to you when the news broke. Justice Stephen Breyer is retiring. That changes things a bit.
No official word from the Supreme Court, though, which is interesting and suggests someone talked without authorization. It immediately brought memories of these radical groups in Washington, D.C., driving trucks saying “Breyer Retire” all over town, trying to bully him into submission. The Left is so eager to see him gone that they even messed up his announcement. Usually, the justice who is retiring gets to announce it himself. He must not be happy.
Whatever the case, the radicals got their wish. Breyer is retiring, they have the majority in the U.S. Senate, and President Joe Biden gets to appoint whomever he wants.
Except, that is not entirely true. President Biden made a pledge. During the 2020 presidential debate in South Carolina, when his campaign was struggling to get off the ground, then-presidential candidate Biden promised that, if elected, he would appoint the first African American woman to the Supreme Court. “Not a joke,” he emphasized with his usual common-man style.
As told through different reports, the story of the pledge behind the scenes is not about sincere, ordinary person concerns for the country but about raw politics, as you might have guessed.
The story goes that candidate Biden desperately needed the endorsement of one of the most influential figures in South Carolina, House Majority Whip James Clyburn, who had also been the chair of the Congressional Black Caucus. Without his endorsement, the whole campaign could tank. Clyburn asked him not only to commit to appointing the first African American woman but also to pledge it publicly during the debate.
According to Jonathan Allen and Amie Parnes, who wrote the book “Lucky,” Clyburn was so frustrated when he didn’t hear candidate Biden say the pledge publicly that he went backstage during one of the breaks to put pressure on him. “Don’t you leave this stage without doing it,” he is reported saying.
And so, he did. Now, President Biden is locked into a very narrow pool of candidates, not based on professional qualifications and merit, but on identity politics. Sad to see the judicial nominations process reduced to these sorts of calculations.
Given that, some names are already floating around. Judge Ketanji Brown Jackson, who was recently elevated to the U.S. Court of Appeals for the D.C. Circuit, which is said to be the second-highest court on the land, is the first name you will hear. She is a former clerk of Justice Breyer.
California Supreme Court Justice Leondra Kruger has also been mentioned, as well as South
Carolina U.S. District Judge Michelle Childs and NAACP attorney Sherrilyn Ifill.
For our part, we must add this nomination to our prayers as we continue to lift up the Court on the upcoming Dobbs decision. As CWA President Penny Nance said in her statement on Justice Breyer’s resignation, let us pray for President Biden that he may use this opportunity to unite the country, instead of further alienating half, to appease the most extreme elements of his party.
“The president has a chance to finally unify the country with a consensus nominee, breaking away from the shameful and vile tactics we have experienced in recent Supreme Court nominations,” Penny said.
Let us pray as one for that as we await an official announcement. And stand by, ready to lift our voices for justice.