WASHINGTON — President Joe Biden is facing conflicting pressures from Democrats and advocates as he closes in on a Supreme Court nominee to replace the retiring Justice Stephen Breyer.
Senate Democrats, who hold a wafer-thin majority, are pressuring him to move quickly as he prepares for interviews with a small group of finalists that could begin as early as next week.
The first Black federal judge in Alabama, U.W. Clemon, sent a letter to Biden on Feb. 4 urging him not to consider appeals Judge Ketanji Brown Jackson for the Supreme Court, according to a copy obtained by NBC News.
Clemon, a retired chief judge of the U.S. District Court for the Northern District of Alabama, argued there are "several exceptionally well-qualified black female aspirants," but that Jackson isn't one of them and "should not be appointed" to the court.
The letter comes as the process for selecting a candidate is getting underway and as the behind-the-scenes campaign by the contenders, their supporters and their detractors is in full swing.
“I don’t believe she exemplifies the justice the Black community deserves,” Clemon said in a brief telephone interview.
He pointed to one case she presided over, Ross v. Lockheed, a 2016 class-action suit on behalf of 5,500 Black workers of Lockheed Martin. At the time, she declined to approve a settlement that was reached which could have provided $22 million and reforms related to the promotion process at Lockheed.
“She refused to approve the settlement because in her view there were no common factual questions,” Clemon wrote.
Clemon, who retired from the court in 2009, is listed as a counsel at the firm Mehri & Skalet, which argued on the losing side of the Ross v. Lockheed case. Other rulings by Jackson have drawn praise from progressives as labor-friendly.
Jackson's judicial assistant did not immediately return a request for comment.
The White House defended Jackson following Clemon's criticism, calling her a "deeply qualified" individual who "has built an extraordinary record through hard work and a life of service — from serving as a public defender to a judge."
"It’s because of Judge Jackson’s experience in roles at all levels of the justice system, her character, and her legal brilliance that President Biden nominated her to the D.C. Circuit Court, after which she earned her third Senate confirmation, and he’s very proud of that decision," said deputy press secretary Andrew Bates in a statement, officially confirming for the first time that Jackson is under consideration.
Meanwhile, progressives have raised alarms about Judge J. Michelle Childs, another candidate under consideration by Biden who is supported by House Majority Whip Jim Clyburn, D-S.C., and has also received praise from Sen. Lindsey Graham, R-S.C.
Progressives have cited her work as a corporate lawyer, before becoming a district judge in 2010, to argue that she doesn't reflect the White House's push to put more public defenders and civil rights lawyers on the courts.
Asked this week about those who worry Childs is not progressive enough, Clyburn said his advice is: “Read her opinions, not the headlines.”
Biden intends to spend the weekend at Camp David reviewing materials related to his Supreme Court candidates, including their writings and personal and professional background, two sources familiar with his plans said.
His process involves formal background checks conducted by the FBI of top candidates, according to a senior administration official.
When he completes his review, the president may be prepared to begin interviewing candidates early next week. However, the two sources cautioned that the exact timing of candidate interviews is still to be determined.
The president has said he would announce a decision by the end of the month.
Biden told NBC's Lester Holt in an interview Thursday he has taken "a deep dive" on "about four people," although he didn't say who.
In addition to Jackson and Childs, the president’s shortlist of candidates also includes California Supreme Court Justice Leondra Kruger, according to three sources familiar with the process. The sources said they were not aware of a fourth candidate under active consideration.
Biden also told Holt that he believes his eventual nominee would win some Republican support. Last week, the president spoke to GOP Sens. Susan Collins of Maine, Mitt Romney of Utah and Lisa Murkowski of Alaska about his process, according to several sources familiar with the discussions.
Democrats are facing the temporary absence of Sen. Ben Ray Luján of New Mexico, who is recovering from a stroke and plans to return to the Senate in a matter of weeks, according to his office. Party leaders have sought to strike a balance between moving quickly and appearing to be fair and deliberate about the consequential high court nominee.
Sen. Dick Durbin, D-Ill., who chairs the Judiciary Committee and would be responsible for steering Biden’s pick through the nomination process, said Thursday on MSNBC that he's "anxious" about the timeline.
"We want to get started. We’ve got our committee staff prepared," he said.
