The White House confirmed that President Joe Biden is mulling over picking Judge J. Michelle Childs to serve on the Supreme Court after Justice Stephen Breyer retires later this year.

“Judge Childs is among multiple individuals under consideration for the Supreme Court. And we are not going to move her nomination on the Court of Appeals while the President is considering her for this vacancy,” White House spokesman Andrew Bates said in a statement on Friday, Jan. 28, NBC News reported.

Childs is the first person the White House has publicly identified as a potential nominee to succeed Breyer. However, Biden has recently nominated Childs for a seat on the D.C. Circuit.

On Thursday, Biden revealed that he would pick a Black woman to serve on the Supreme Court after Justice Breyer decided to retire. According to The Hill, the President said he would choose a nominee before the end of February.

“I’ve made no decision except one: The person I will nominate will be someone with extraordinary qualifications, character, experience, and integrity,” Biden said at the White House.

“And that person will be the first Black woman ever nominated to the United States Supreme Court. It’s long overdue, in my view. I made that commitment during my campaign for President, and I will keep that commitment,” he added.

According to NBC News, Childs is the preferred pick of House Majority Whip James Clyburn, a Biden ally who played a crucial role in encouraging Biden to vow on the campaign trail that he would nominate a Black woman to the Supreme Court if given the opportunity.

Next week, Childs could appear before the Senate Judiciary Committee for a confirmation hearing on her nomination to the U.S. Court of Appeals for the D.C. Circuit. Still, the White House is holding off on having her testify while she’s under consideration for the Supreme Court.

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