Senate Democrats who have played defense for the last three Supreme Court vacancies plan to move swiftly to replace retiring Supreme Court Justice Stephen Breyer, using the rapid 2020 confirmation of Justice Amy Coney Barrett as a new standard.
Barrett was confirmed exactly a month after then-President Donald Trump nominated her to replace the late Justice Ruth Bader Ginsburg — and just five weeks after Ginsburg’s death in September of that year. Democrats sharply criticized that timeline then, arguing that most confirmations had taken much longer and that Republicans were trying to jam the nomination through in case Trump lost reelection.
But now that they hold the presidency and the Senate, though just barely, Democrats navigating the complicated politics of a 50-50 chamber are eyeing a similarly swift schedule, even if Breyer does not officially step down until the summer.
In statements, Senate Majority Leader Chuck Schumer, D-N.Y., and Senate Judiciary Committee Chairman Dick Durbin, D-Ill., made clear that they would move quickly once President Joe Biden makes his pick. Biden said as a candidate that if he were given the chance to nominate someone to the court, he would make history by choosing a Black woman. The White House has reiterated Biden’s campaign pledge since his election.
