OPINION: This article may contain commentary which reflects the author's opinion.
The talk around Washington DC is centered on wondering what black woman President Joe Biden is going to pick to be the next Supreme Court Justice, filling the vacancy left by retiring Justice Stephen Breyer. And now we know who one candidate is.
South Carolina District Court Judge Michelle Childs is in consideration for the spot, The White House confirmed, Fox News reported.
“Judge Childs is among multiple individuals under consideration for the Supreme Court, and we are not going to move her nomination on the Court of Appeals while the President is considering her for this vacancy,” White House Deputy Press Secretary Andrew Bates said. “At the same time, reporting indicating that the President is only seriously considering three potential nominees is incorrect.”
Childs had been scheduled to appear at a hearing on Capitol Hill on Tuesday as part of the confirmation process for the Washington, D.C. Circuit Court of Appeals for which Biden nominated her in December.
Childs has earned the support of House Majority Whip James Clyburn, who was instrumental in urging Biden to pledge that he would nominate a black woman to the Supreme Court during the 2020 presidential campaign. Clyburn endorsed Biden the day after the pledge was made.
Clyburn told the Washington Post that out of the possible candidates to fill Breyer’s position, he is partial to Childs.
“Now, as it relates to who, I don’t have anything against the seven or eight names that I have been floated as possibilities, the all great people,” the representative said. “The fact of the matter is, I have been discussing Michelle Childs with the president and his people now for, I guess at least 13 months now.”
But there was another name floated by some Fox News hosts this week.
Fox News hosts speculated on Wednesday, after liberal Supreme Court Justice Stephen 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 Kamala 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.
Fox News is floating Kamala Harris for the SCOTUS seat, just amazing stuff. pic.twitter.com/QLNA1tJlzF
— Matthew Gertz (@MattGertz) January 26, 2022
This came hours after it was reported that U.S. Supreme Court Justice Stephen Breyer is retiring and giving Joe Biden the opportunity to replace the liberal justice.
NEWS: Supreme Court Justice Breyer to retire, @PeteWilliamsNBC reporting live on @NBCNews Special Report
— Josh Lederman (@JoshNBCNews) January 26, 2022
BREAKING: Supreme Court Justice Stephen Breyer to retire, @NBCNews has learnedhttps://t.co/YFAkggcOaw
— CNBC Now (@CNBCnow) January 26, 2022
JUST IN – U.S. Supreme Court Justice Stephen Breyer to retire (NBC) pic.twitter.com/jGKkRX0pl3
— Disclose.tv (@disclosetv) January 26, 2022
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.”
