Historic: Biden Will Nominate a Black Woman to the Supreme Court

Historic: Biden Will Nominate a Black Woman to the Supreme Court

January 27, 2022

President Biden just confirmed that he will nominate the first Black woman to the Supreme Court, saying that she will be “someone with extraordinary qualifications, character, experience and integrity.” Here’s why that’s so important — and what comes next.


Yesterday, news broke that Justice Stephen Breyer will retire after nearly 28 years on the Supreme Court.1

If this news gave you painful flashbacks to the nominations of Gorsuch, Kavanaugh, and Barrett, you’re not alone. But two things are different now.

First, we have the chance to make history: During his campaign, President Biden said he would nominate the first Black woman to the Supreme Court. He reaffirmed that commitment today, saying that a Black woman on the court is “long overdue” — and he has a wealth of qualified candidates to choose from.2,3 Bend the Arc will be showing up alongside our partners to make sure his nominee is confirmed.

Second, you won a majority: Confirming a Supreme Court nominee requires a simple majority in the Senate, which voters and Bend the Arc supporters like you helped win in the 2020 election. We’re in a much stronger position now than we would be if the Senate were controlled by Mitch McConnell, who didn’t even hold a hearing for Merrick Garland under President Obama.

What’s the same?

The Supreme Court remains dangerously conservative. A successful Biden nomination won’t be enough to stop the current court from their dangerous attacks on voting rights, abortion rights, and COVID protections. But confirming a new justice will help shore up a solid progressive minority on the court into the future.

Republican senators will try to do their worst. After watching Republicans steal dozens of court seats from President Obama and pack federal courts with right-wing ideologues, we know their playbook well: bad-faith attacks and obstruction at every turn. Bend the Arc and our partners are ready to show up and shut down their attempts to undermine this democratic process.

Now is the time for President Biden to nominate and the Senate to confirm a Black woman who shares our values to the Supreme Court. We will fight loud and proud to make sure she is confirmed and serves as an unwavering champion for every single person under the law.

Until justice for all,

The Bend the Arc team

PS: We know that we can do amazing things when we show up together as a powerful movement of Jews and allies who believe in a country for all of us. Donate today to help our movement continue to call out bad-faith rightwing efforts to undermine democracy.

1. Slate, ​​Stephen Breyer retiring: his spectacularly calculated exit from the Supreme court has a lesson
2. CNN, A shortlist of potential nominees to replace Breyer on the Supreme Court
3. The Nation, The Many Remarkable Black Women Who Could Replace Stephen Breyer