WASHINGTON — President Joe Biden is facing conflicting pressures from Democrats and advocates as he closes in on a Supreme Court nominee to replace the retiring Justice Stephen Breyer.
Senate Democrats, who hold a wafer-thin majority, are pressuring him to move quickly as he prepares for interviews with a small group of finalists that could begin as early as next week.
The first Black federal judge in Alabama, U.W. Clemon, sent a letter to Biden on Feb. 4 urging him not to consider appeals Judge Ketanji Brown Jackson for the Supreme Court, according to a copy obtained by NBC News.
Clemon, a retired chief judge of the U.S. District Court for the Northern District of Alabama, argued there are “several exceptionally well-qualified black female aspirants,” but that Jackson isn’t one of them. She “should not be appointed” to the court, he wrote.
The letter comes as the process for selecting a candidate is getting underway and as the behind-the-scenes campaign by the contenders, their supporters and their detractors is in full swing.
“I don’t believe she exemplifies the justice the black community deserves,” Clemon said in a brief telephone interview.
He pointed to one case she presided over, Ross v. Lockheed, a 2016 class-action suit on behalf of 5,500 Black workers of Lockheed Martin. At the time, she declined to approve a settlement that was reached which could have provided $22 million and reforms related to the promotion process at Lockheed.
“She refused to approve the settlement because in her view there were no common factual questions,” Clemon wrote. “If Judge Jackson is appointed to the Supreme Court, simple justice and equality in the workplace will be sacrificed.”
Jackson’s judicial assistant did not immediately return a request for comment.
Meanwhile, progressives have raised alarms about Judge J. Michelle Childs, another candidate under consideration by Biden who is supported by House Majority Whip Jim Clyburn, D-S.C., and has also received praise from Sen. Lindsey Graham, R-S.C.
Progressives have cited her work as a corporate lawyer, before becoming a district judge in 2010, to argue that she doesn’t reflect the White House’s push to put more public defenders and civil rights lawyers on the courts.
Asked by NBC News this week about those who worry Childs is not progressive enough, Clyburn said his advice is: “Read her opinions, not the headlines.”
Biden intends to spend the weekend at Camp David reviewing materials related to his Supreme Court candidates, including their writings and personal and professional background, two sources familiar with his plans said.
His process involves formal background checks conducted by the FBI of top candidates, according to a senior administration official.
When he completes his review, the president may be prepared to begin interviewing candidates early next week. However, the two sources cautioned that the exact timing of candidate interviews is still to be determined.
The president has said he would announce a decision by the end of the month.
Mr. Biden told Lester Holt in an interview Thursday he has taken “a deep dive” on “about four people,” although he didn’t say who.
Apart from Jackson and Childs, the president’s list of candidates under consideration also includes California Supreme Court Justice Leondra Kruger.
Democrats are facing the temporary absence of Sen. Ben Ray Luján of New Mexico, who is recovering from a stroke and plans to return to the Senate in a matter of weeks, according to his office. Party leaders have sought to strike a balance between moving quickly and appearing to be fair and deliberative about the consequential high court nominee.
Sen. Dick Durbin, D-Ill., who chairs the Judiciary Committee and would be responsible for steering Biden’s pick through the nomination process, said Thursday on MSNBC that he’s “anxious” about the timeline.
“We want to get started. We’ve got our committee staff prepared,” he said.
Leigh Ann Caldwell is an NBC News correspondent.
Kristen Welker is chief White House correspondent for NBC News.
Kelly O’Donnell is a White House correspondent for NBC News.
Sahil Kapur is a senior national political reporter for NBC News.
WASHINGTON — President Joe Biden is facing conflicting pressures from Democrats and advocates as he closes in on a Supreme Court nominee to replace the retiring Justice Stephen Breyer.Senate Democrats, who hold a wafer-thin majority, are pressuring him to move quickly as he prepares for interviews with a small group of finalists that could begin as early as next week.The first Black federal judge in Alabama, U.W. Clemon, sent a letter to Biden on Feb. 4 urging him not to consider appeals Judge Ketanji Brown Jackson for the Supreme Court, according to a copy obtained by NBC News.Clemon, a retired chief judge of the U.S. District Court for the Northern District of Alabama, argued there are “several exceptionally well-qualified black female aspirants,” but that Jackson isn’t one of them. She “should not be appointed” to the court, he wrote.The letter comes as the process for selecting a candidate is getting underway and as the behind-the-scenes campaign by the contenders, their supporters and their detractors is in full swing.“I don’t believe she exemplifies the justice the black community deserves,” Clemon said in a brief telephone interview.He pointed to one case she presided over, Ross v. Lockheed, a 2016 class-action suit on behalf of 5,500 Black workers of Lockheed Martin. At the time, she declined to approve a settlement that was reached which could have provided $22 million and reforms related to the promotion process at Lockheed.”She refused to approve the settlement because in her view there were no common factual questions,” Clemon wrote. “If Judge Jackson is appointed to the Supreme Court, simple justice and equality in the workplace will be sacrificed.”Jackson’s judicial assistant did not immediately return a request for comment.Meanwhile, progressives have raised alarms about Judge J. Michelle Childs, another candidate under consideration by Biden who is supported by House Majority Whip Jim Clyburn, D-S.C., and has also received praise from Sen. Lindsey Graham, R-S.C.Progressives have cited her work as a corporate lawyer, before becoming a district judge in 2010, to argue that she doesn’t reflect the White House’s push to put more public defenders and civil rights lawyers on the courts.Asked by NBC News this week about those who worry Childs is not progressive enough, Clyburn said his advice is: “Read her opinions, not the headlines.”Biden intends to spend the weekend at Camp David reviewing materials related to his Supreme Court candidates, including their writings and personal and professional background, two sources familiar with his plans said.His process involves formal background checks conducted by the FBI of top candidates, according to a senior administration official.When he completes his review, the president may be prepared to begin interviewing candidates early next week. However, the two sources cautioned that the exact timing of candidate interviews is still to be determined. The president has said he would announce a decision by the end of the month.Mr. Biden told Lester Holt in an interview Thursday he has taken “a deep dive” on “about four people,” although he didn’t say who.Apart from Jackson and Childs, the president’s list of candidates under consideration also includes California Supreme Court Justice Leondra Kruger.Democrats are facing the temporary absence of Sen. Ben Ray Luján of New Mexico, who is recovering from a stroke and plans to return to the Senate in a matter of weeks, according to his office. Party leaders have sought to strike a balance between moving quickly and appearing to be fair and deliberative about the consequential high court nominee.Sen. Dick Durbin, D-Ill., who chairs the Judiciary Committee and would be responsible for steering Biden’s pick through the nomination process, said Thursday on MSNBC that he’s “anxious” about the timeline.”We want to get started. We’ve got our committee staff prepared,” he said.Leigh Ann Caldwell is an NBC News correspondent.Kristen Welker is chief White House correspondent for NBC News.Kelly O’Donnell is a White House correspondent for NBC News.Sahil Kapur is a senior national political reporter for NBC News.