After the big announcement of Justice Breyer’s retirement, we are all eager to see history made when President Biden names, and the Senate confirms, the first Black woman to the highest court. While the opportunity is thrilling, the “pre-nomination phase” has been a brutal preview of what this current political fight will bring.

The vicious racist attacks questioning the unknown Black woman nominee’s qualifications already dominate the news cycle. The dog-whistle lies, however predictable, are extremely disappointing. AFJ has taken immediate action to dispel the distractions, highlighting the phenomenal shortlist of extraordinary Black women, any of whom meets or exceeds the bar for a qualified nominee.

In spite of her qualifications, we still know the road will be steep in a 50-50 Senate. Chairman Durbin recently remarked that even as the Senate Judiciary Committee has considered 25 women of color during Biden’s first year, many of his most vocal Republican colleagues have “never voted for a Black nominee.”

With over 100 vacancies, and now the monumental task of securing the next Supreme Court justice, this will not be an easy fight. But breaking any glass ceiling is bound to get messy.

The Good News: Recent Nominations

Last week, President Biden announced the nomination of Stephanie Davis, to the Sixth Circuit, from Michigan. She would be the second Black woman to serve on the court and the first from Michigan. The Senate confirmed her, without opposition, to the district court in 2019.

Pay Attention: More Nominees Are Moving Toward Confirmation

While several nominees await final votes including Dale Ho (US Dist. Court for the Southern District of New York) and Alison Nathan (Second Circuit from New York), a few terrific lower court nominees are moving forward in Committee this week.

Andre Mathis – Mathis, a partner at a Memphis law firm, would be the first Black man and the second Black person to sit on the Sixth circuit from Tennessee if confirmed. He is the first nominee from a state with two Republican senators, showing Chairman Durbin’s commitment to move nominees even over home state Republican obstruction.

Jessica Clarke – Clarke is a Black woman nominated to the United States District Court for the Southern District of New York. She currently works as the Chief of the Civil Rights Bureau for the New York State Office of Attorney General.

What’s Next? Let’s Make Herstory!

This is a time to celebrate and reflect on how far we have come as a country. We find ourselves in a great position with Democratic leaders showing a dogged determination to balance the courts as much as they can.

Realizing the vision of the first Black woman Justice is within reach. Sen. Manchin, who has been a wild card on some legislation, said it is "far beyond time" for a Black woman on SCOTUS. Republican Senator Murkowski also said “she would be honored” to support a Black woman.


We will work to show all Americans, including other Senate Republicans, they should follow her lead.

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