Some are preparing for a Supreme Court retirement as early as this summer, with most of the speculation centered on 82-year-old Justice Stephen Breyer, a Democratic appointee.
In addition to forming a new commission to study structural changes to the judiciary, the Biden White House has asked senators to recruit civil rights attorneys and defense lawyers for judgeships. Officials who work on the issue say they’ve seen an outpouring of interest and have begun holding sessions to offer information and advice on navigating the confirmation gauntlet.
“We’ll see the proof of this in President Biden’s first set of nominees. I expect they’re going to look very different than the kind of judges that Democratic presidents have put forward in the past,” said Chris Kang, co-founder of the progressive group Demand Justice and former deputy counsel in the Obama White House. “Their backgrounds will be radically different, overall, and that will make a huge difference in our courts.”