Supreme Court of the United States | Who will break the glass ceiling?

Joe Biden must reveal in February, Black History Month, the identity of the judge he intends to appoint to the Supreme Court. He is to replace Justice Stephen Breyer, who decided to retire in June after serving for 28 years. The White House has announced that the president will appoint a black woman to the post, which would be a first. Explanations.

Posted at 5:00 a.m.

Nicolas Berube

Nicolas Berube
The Press

Sixth wife

If Mr. Biden’s chosen candidate were to be named the Supreme Court, she would be only the third black justice and the sixth woman of the 115 justices to have served on it since its founding in 1789.


PHOTO LEAH MILLIS, REUTERS

Joe Biden, President of the United States

The person I appoint will have extraordinary qualifications, personality, experience and integrity. And that person will be the first black woman appointed to the Supreme Court.

Joe Biden, January 27, 2022

11

This is the number of black women appointed by Joe Biden to federal judgeships since the start of his presidency. This represents 24% of judicial appointments made by Mr. Biden, who has already appointed more black women than any Republican president in history. In first place among the Republicans, George W. Bush had appointed eight black women to this post, or 2% of the judges he appointed during his two terms in the White House. Barack Obama had appointed 26 black judges during his years as president, or 8% of the judges he appointed. Of the 3,843 people who held this position, only 70, or less than 2%, were black women, according to research by the firm Pew.


PHOTO ALAIN ROBERGE, THE PRESS

Rafael Jacob, associate researcher at the Raoul-Dandurand Chair at UQAM and analyst of American politics

This is one of the major promises made by Biden during his campaign. For obvious historical and social reasons, it is important. It is not an appointment that changes the ideological composition of the Court, but it remains very important, because it ensures the future. Some presidents, including Jimmy Carter, for example, have never had the opportunity to appoint a Supreme Court justice.

Rafael Jacob, associate researcher at the Raoul-Dandurand Chair at UQAM and analyst of American politics

6-3

This is the current ideological makeup of the US Supreme Court, in favor of conservative justices. Three of the six conservative justices, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, were appointed during Donald Trump’s four-year presidency.

Who will Joe Biden choose?

Three candidates are frequently mentioned.

Ketanji Brown Jackson


PHOTO TOM WILLIAMS, ASSOCIATED PRESS ARCHIVES

Ketanji Brown Jackson

Considered the candidate most likely to be chosen, Ketanji Brown Jackson, 51, was nominated to the prestigious Federal Court of Appeals for the District of Columbia Circuit by President Biden just days after arriving at the White House last year. A graduate of Harvard University and Law School, Judge Jackson became a federal judge in 2013. In June 2021, the Senate gave the nominee the green light in a 53-44 vote, which had rallied three Republican votes.

Leondra Kruger


PHOTO JEFF CHIU, ASSOCIATED PRESS

Leondra Kruger

Judge at the Supreme Court of California, Leondra Kruger, 45, is also approached to succeed Judge Breyer. The daughter of a Jamaican immigrant, Judge Kruger is considered a moderate with an innate talent for persuasion. She was nominated to the Supreme Court of the most populous state in the United States by former Democratic Governor Jerry Brown in 2014.

michelle childs


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michelle childs

Federal Judge in South Carolina, Michelle Childs, 55, was recently appointed by Joe Biden to the Federal Court of Appeals for the District of Columbia Circuit. Her curriculum contrasts with that of Supreme Court justices in that she chose to study at the University of South Carolina, a public university.

No matter who Joe Biden chooses, the American political climate is so polarized that it’s almost certain that a strong majority of Republican senators will oppose him. That said, as this appointment does not change the ideological composition of the Court, and as the Democrats have a small majority, I would be surprised if we had a “circus” during the confirmation in the Senate.

Rafael Jacob, associate researcher at the Raoul-Dandurand Chair at UQAM and analyst of American politics

And in Canada?


PHOTO ARCHIVE REUTERS

Mahmud Jamal

In June 2021, Canada appointed its first visible minority justice to the Supreme Court. Appointed by Justin Trudeau, Justice Mahmud Jamal, 55, is a graduate of Yale University School of Law, taught constitutional law at McGill University and administrative law at Osgoode Hall Law School in Washington. York University in Toronto. He is perfectly bilingual. The Supreme Court of Canada currently has six male judges and three female judges.


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