In President Biden’s approach to filling any Supreme Court vacancies in a potential second term, the focus remains on diversity. Sources close to the White House and his re-election campaign suggest that the successful nomination of Justice Ketanji Brown Jackson will serve as a template for future nominations. Biden has committed to naming the first Black woman as a replacement for Justice Stephen Breyer, with three finalists being considered. The president has prioritized diversity in his judicial nominees, with almost two-thirds being women and a significant percentage being members of racial or ethnic minority groups.
Biden’s efforts to diversify the federal bench have been notable, with his 200th federal judge being confirmed last month, slightly outpacing his predecessor’s number of confirmations at the same point in his presidency. The president has compiled an unofficial list of potential Supreme Court candidates, including Leondra Kruger, Sri Srinivasan, Elizabeth Prelogar, Lisa Monaco, and Candace Jackson-Akiwumi, among others. Serious vetting of potential nominees typically begins when a vacancy occurs or a justice announces retirement.
Numerous candidates are being considered for a potential Supreme Court nomination, including individuals like Jacqueline Hong-Ngoc Nguyen, Michelle Friedland, Arianna Freeman, and Tamika Montgomery-Reeves. Leondra Kruger, a California Supreme Court Justice, is also a strong contender due to her background as a former Obama Justice Department lawyer and extensive experience arguing cases before the Supreme Court. Biden’s commitment to diversity extends to considering individuals of Asian American or Pacific Islander descent for possible nominations.
In the event that Justice Clarence Thomas or Justice Sonia Sotomayor retire, there may be political pressure on the next president to nominate a Black or Latino justice to the Supreme Court. Potential candidates like Nancy Maldonado, Patricia Millett, Paul Watford, and Goodwin Liu are among those being considered. Biden’s efforts to diversify the federal judiciary extend beyond the Supreme Court, with appointments to various U.S. Court of Appeals positions, including individuals like Roopali Desai, Lucy Haeran Koh, and Cheryl Ann Krause.
Members of Congress like Senators Cory Booker and Amy Klobuchar are also frequently mentioned as potential Supreme Court nominees, given their roles on the Senate Judiciary Committee and national prominence. Booker, a former mayor of Newark and one of four Black senators, and Klobuchar, a former county prosecutor and adviser to former Vice President Walter Mondale, have been considered for high court positions. The president’s commitment to diversity in judicial appointments reflects his broader strategy of emphasizing representation across the federal judiciary.
