WASHINGTON, D.C. Independent Women’s Law Center (IWLC) today released the following statement regarding President Joe Biden’s announcement that he intends to nominate Judge Ketanji Brown Jackson to replace Stephen G. Breyer as an Associate Justice of the United States Supreme Court. 

Jennifer Braceras, director of Independent Women’s Law Center (IWLC), said: “Although Justice Breyer has announced his intention to retire at the end of the Court’s current term in June, there is currently no vacancy on the United States Supreme Court. While the Senate should begin its thorough examination of Judge Jackson’s record, the Senate should not schedule a vote on the President’s choice for the Court until there is an actual vacancy.” With respect to Biden’s selection, Braceras added: “Judge Jackson has impressive paper credentials. But beyond resumes, the most important qualification for a justice is commitment to the rule of law. Does Judge Jackson’s record demonstrate that she will leave politics to the politicians? This is the most important question for the Senate to answer in performing its advice and consent duty.”

Inez Stepman, senior policy analyst, added, “By law, the United States Supreme Court is made up of nine justices, not ten. The Senate should wait for an actual vacancy before voting on whether or not to confirm a new justice.”


Independent Women’s Law Center advocates for equal opportunity, individual liberty, and respect for the American constitutional order.