Biden Just Announced His Nomination For The Supreme Court

In a statement, the Biden administration said a South Carolina District Court judge backed by U.S. Rep. James Clyburn would be considered as a possible successor to retiring Supreme Court Justice Stephen Breyer.

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As part of the president’s pledge to nominate a black woman for the Supreme Court in February, Michelle Childs, 55, was tapped for a promotion to the District of Columbia Circuit Court of Appeals last month. However, the nomination is now on hold as she is now being considered for the highest court in the United States.

Biden made the pledge as part of a deal with former Congressional Black Caucus chair Clyburn, who offered his endorsement for the vice presidential candidate in 2020 with a condition – that if he were to be elected, Biden would appoint a black woman to the Supreme Court.

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According to White House spokesman Andrew Bate, ‘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.’

South Carolina’s new elections bill contained a measure that would have tightened security on mail-in ballots, which was thought to favor Democrats. Childs’ decision to kill the measure was criticized at the time.

An amendment to remove a requirement requiring a witness signature failed during the South Carolina legislature’s session before the 2020 election to allow all voters to vote absentee regardless of their reason during the COVID-19 pandemic.

In a resounding win for state and national Democrats who voted by mail at a higher rate than Republicans, Children upheld the law but struck down the signature requirement.

In early October, the Supreme Court overturned the ruling.

Additionally, during her nomination hearing at the South Carolina US District Court in 2010, Childs displayed an impressive level of deference to Congress – suggesting she may occasionally give the benefit of the doubt to federal lawmakers

Sen. Dianne Feinstein had asked her about her understanding of the Constitutional authority of Congress. Mrs. Childs replied: ‘With respect to any laws respecting your Congressional powers, I would presume that anything that you all are doing is constitutional and would approach it with that mindset, knowing that you would only enact laws that you have had due deliverance over and consider deliberation over.’

Despite her progressive background, Childs is more in line with her conservative colleagues on the court when it comes to interpreting the Constitution.

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Asked on her nomination questionnaire whether she thought the Constitution is a “living” document, Children replied “no” — meaning its interpretation can never change as society changes.

The objective view that Childs offers is similar to how Justice Amy Coney Barrett described her originalist interpretation of the nation’s laws.

Rep. Clyburn of South Carolina endorsed Child’s nomination, saying the nation’s Supreme Court, which has eight justices from Ivy League schools, desperately needs a person with Child’s education and background.

She was a state court trial judge in the South Carolina Circuit before going into private practice. Additionally, she served as deputy director of the South Carolina Department of Labor, Licensing, and Regulation, and as a commissioner on the South Carolina Workers’ Compensation Commission.

Biden announced liberal Justice Breyer’s retirement after nearly 30 years on the court on Thursday, with the 83-year-old standing by his side.

The nomination of a new liberal to the high court would be a great win for Biden, whose first year in office was marked by foreign policy crises, legislative setbacks, and plummeting poll numbers.

During his remarks on Thursday Biden promised to hear recommendations from both sides of the aisle, and confirmed that he would use his task to shape the U.S. judicial system for his political promise.

Our process is going to be rigorous. I will select a nominee worthy of Justice Breyer’s legacy of excellence and decency,’ Biden said. ‘While I’ve been studying candidates’ backgrounds and writings, I’ve made no decision except one: the person I will nominate will be someone of extraordinary qualifications, character, experience and integrity.’

‘And that person will be the first black woman ever nominated to the Supreme Court,’ the president added.

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Biden said it was ‘long overdue’ and noted how he had made that commitment during the 2020 campaign – as part of a pledge to secure a key endorsement from South Carolina Rep. Jim Clyburn, the most powerful black member of Congress. ‘And I will keep that commitment,’ Biden said.

Senate GOP Leader Mitch McConnell immediately seized on Biden’s remarks, pointing to the razor-thin margin in the U.S. Senate, where the nominee will have to be confirmed.

‘Looking ahead – the American people elected a Senate that is evenly split at 50-50. To the degree that President Biden received a mandate, it was to govern from the middle, steward our institutions, and unite America,’ McConnell said. ‘The President must not outsource this important decision to the radical left. The American people deserve a nominee with demonstrated reverence for the written text of our laws and our Constitution,’ the Kentucky Republican added.