Joe Biden’s Political Promise to Nominate a Black Woman to Supreme Court a 2020 Campaign Legacy

Democratic presidential nominee Joe Biden delivers remarks about the Affordable Care Act a
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Charlie Spiering

President Joe Biden’s promise to nominate a black woman to the Supreme Court was part of a last-minute effort to save his floundering 2020 campaign for president.

Biden now must deliver on that commitment as faces the likelihood of nominating a Supreme Court Justice to replace Justice Stephen Breyer, who has reportedly made plans to announce his decision to retire.

The president’s commitment was elicited by Rep. Jim Clyburn (D-SC) on February 23, 2020, when the future of Biden’s campaign was dim and he needed a flashy endorsement.

Details of the conversation between Clyburn and Biden were revealed by author Bob Woodward and Robert Costa in their 2021 book “Peril”:

“Finally, the third thing, is I’ve three daughters. “I’m very proud of my three daughters and it’s a little bit disconcerting for us to be at this particular juncture in our history and there has never been an African American woman on the Supreme Court. “Four women. No African Americans. There is something wrong with that.” “I played a role in having the first Latina on the Supreme Court and I look forward to doing that with an African American woman,” Biden said. Biden and Clyburn shook hands.

Clyburn had earned a private commitment from Biden, but he wanted to see that commitment made public.

During a February 25 primary debate in Charleston, Clyburn excused himself during an intermission and approached the floundering Biden backstage, the book reports:

“Man, there have been a couple instances up there tonight where you could have mentioned having a Black woman on the Supreme Court,” Clyburn said. “You can’t leave the stage without doing that. You just got to do that.” Of course, Biden said, you got it.

In his final answer, Biden hit the mark. “Everyone should be represented. Everyone,” he said. “The fact is what we should be doing—we talked about the Supreme Court. I’m looking forward to making sure there’s a Black woman on the Supreme Court, to make sure we in fact get every representation.” The crowd roared. Clyburn nodded.

Clyburn endorsed Biden a day later, propelling him to a primary victory in South Carolina.

“My buddy, Jim Clyburn! You brought me back!” Biden told the crowd, as he celebrated after winning 48.7 percent of the vote in South Carolina “And we are very much alive.”

Biden’s victory in South Carolina prompted former Mayor Pete Buttigieg, Sen. Amy Klobuchar (D-MN), and Beto O’Rourke to fold their campaigns and endorse Biden who went on to beat Sen. Bernie Sanders (I-VT).

Clyburn confirmed some of the details of the story in an appearance on CNN on Wednesday:

“I knew that one of the real undercurrents floating throughout the black community was the fact that no black woman had ever been seriously considered for the United States Supreme Court. And at the time, there were three women sitting on the court, and one had already retired from the court. And that was a real problem.

Clyburn noted approvingly that the black woman he wanted to see Biden appoint to the court was on a list circulating in Washington, DC.

“He has put together a list, I’m assuming that this list I saw of seven people, that’s the list that’s coming from his folks,” he said. “I hope it is. Because the young lady that I had been pushing him to consider is on that list.”

Clyburn wants to see Biden to consider appointing J. Michelle Childs to the court, who Biden nominated to replace Merrick Garland on the D.C. circuit court.

Clyburn said he spoke to Republican Senators about supporting Childs who are “very high” on their opinion of her.

“I know that Michelle Childs will have support of several Republicans, including the two Republican senators from South Carolina,” he said, referring to Republican Sens. Tim Scott and Lindsey Graham.

 

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