J. Michelle Childs Now Believed to Be on Biden's Short List as Circuit Court Confirmation Delayed

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In a sign that J. Michelle Childs may be on President Joe Biden's short list for the upcoming Supreme Court vacancy, the federal judge's confirmation hearing for the U.S. Circuit Court has been delayed.

Childs, 55, has been named by the media as one of the possible candidates to replace Justice Stephen Breyer on the High Court following his retirement announcement. The Detroit-born judge currently sits on the U.S. District Court of South Carolina.

President Biden nominated Childs to the U.S. Circuit Court in Washington, D.C., this past December. Her confirmation hearing was scheduled for next Tuesday, but a Senate Judiciary Committee spokesperson confirms Childs is no longer on the docket, according to The Hill.

"The Committee looks forward to processing a number of circuit nominees in the near future," the committee's statement continued.

It is unclear whether or not this rescheduling of Childs' hearing is related to any potential decision by the president. Biden has not referenced any names, beyond stating that his nominee would be "the first Black woman ever nominated to the United States Supreme Court."

Supreme Court
J. Michelle Childs, tapped as one of the potential nominees to replace Supreme Court Justice Stephen Breyer, had her confirmation hearing for the Circuit Court delayed Friday. It comes amid continuing speculation about who President... iStock/Getty

Childs' potential as Breyer's replacement will likely be pushed for by Representative James Clyburn (D-S.C.) in the upcoming days. One of the key reasons for Biden's 2020 South Carolina Democratic primary victory, Clyburn has reportedly already recommended Childs to Vice President Kamala Harris.

Additionally, Clyburn, the third-highest ranking Democrat in the House, wrote an op-ed for The New York Times in 2021 which endorsed Childs for any potential Supreme Court vacancy. He stated that Childs' humble roots and blue-collar background were underrepresented traits within the federal judiciary.

"One of the things we have to be very, very careful of as Democrats is being painted with that elitist brush," Clyburn wrote. "When people talk to diversity they are always looking at race and ethnicity — I look beyond that to diversity of experience."

In addition to sitting on the District Court of South Carolina, Childs received her law degree from the University of South Carolina and remains closely associated with the state.

If Childs is eventually nominated, she would become the third-youngest member of the Supreme Court, following Justices Amy Coney Barrett and Neil Gorsuch.

Another high-profile pick discussed since Breyer's retirement announcement, Judge Ketanji Brown Jackson, has been named by legal analysts as Biden's unconfirmed first choice. Jackson, 51, serves on the U.S. Appeals Court for Washington, D.C., to which she was appointed by Biden soon after taking office.

Jackson also served as one of Breyer's law clerks for two years.

A third possible option is Judge Leondra Kruger. The 45-year-old is an eight-year veteran of the California Supreme Court, and previously worked for the Justice Department during the Obama administration.

Kruger reportedly turned down multiple offers to serve as solicitor general to continue serving in California.

Newsweek has reached out to the Supreme Court for comment.

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