Jen Psaki Drops Clue About Who Biden May Nominate for Expected Supreme Court Vacancy


OPINION: This article may contain commentary which reflects the author's opinion.

U.S. Supreme Court Justice Stephen Breyer announced on Wednesday that he will be retiring from the bench, giving Joe Biden the opportunity to replace the liberal justice.

During the White House news briefing soon after the reports broke, Press Secretary Jen Psaki wouldn’t directly confirm that Biden may select Vice President Kamala Harris to fill the soon-to-be-left vacancy on the Supreme Court.

“When you were asked about the Vice President, possibly being selected as a Supreme Court nominee, you say you’re not going to speak to any considerations. Does that means she is being considered?” Fox News’s Peter Doocy asked.

Psaki largely dodged the question, saying the retirement “hasn’t been announced.”

She did, however, confirm that Biden would nominate a “black woman” to the Supreme Court.



Fox News hosts speculated on Wednesday after Breyer was reported to be retiring, that Harris could meet the criteria Biden is looking for in the next Supreme Court Justice. Namely, black, female, and young.

Because, after all, if you check all of the “woke” boxes, who cares about anything else?

“This person has to be a woman, she has to be black and she has got to be younger,” Harris Faulkner said. “Anyone thinking what I’m thinking? They do not know what to do with Kamala Harris in the White House right now. I can’t be the only person seeing this.”

Cohost of the show and former White House Press Secretary for former President Donald Trump, Kayleigh McEnany, weighed in.

“I think you’re right,” the host said. “That was playing in my mind from the moment we heard about this retirement. You know, it is, politically speaking if you are not happy with your vice president and want her in a different role, there is no greater role than the Supreme Court. It is a role that anyone would be honored to have.”

She noted that there is no reporting on Harris to the Supreme Court and they were just speculating, but she continued.

“It’s a possibility. I think she’s at least on the shortlist and maybe it’s a position she’d readily want to consider or accept given the challenges of the vice presidency. Given the frustrations she’s incurred,” she said.


Last year, Breyer addressed the calls from many Democrats that he retire when he can be replaced by a Democrat president and Senate.

He spoke to host Chris Wallace on “Fox News Sunday” months ago where he said he does not plan on dying as a member of the court as his colleague, the late Justice Ruth Bader Ginsburg did.

Wallace played a video of an interview he had with the late Justice Antonin Scalia where the justice said “I would not like to be replaced by someone who immediately sets about undoing everything that I’ve tried to do 25 years, 26 years. Sure I shouldn’t have to tell you that. Unless you think I’m a fool”

“Do you agree with Scalia that a justice who is unmindful of the politics of the president who replaces him is a fool?” Chris Wallace said.

“I don’t intend to die on the court,” Breyer responded. “I don’t think I’ll be there forever.”


“I see the point,” Justice Breyer said. “Probably in the background there are many considerations. Many, many considerations.”

Wallace then asked him about Democrats who have been calling for him to retire as he played a clip of Sen. Amy Klobuchar he should retire “sooner rather than later, if [he is] concerned about the court.”

“I think they’re entitled to their opinion,” he said as he laughed.

“There are factors. There are many factors, in fact, quite a few, and the role of the court and so forth is one of them,” he said, “and the situation, the institutional considerations.”

After that Wallace asked him why he didn’t retire and Breyer responded, “I didn’t retire because I decided on balance I wouldn’t retire.”

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