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Why the next Supreme Court justice could be from California

Justice Stephen Breyer is expected to retire at the end of his term. Democrats are feeling pressure to confirm President Biden’s nomination before midterm elections.

CALIFORNIA, USA — With Justice Stephen Breyer set to retire from the U.S. Supreme Court, one of names on the president's short-list of contenders includes California’s youngest Supreme Court Justice, Leondra Kruger.

While replacing Justice Breyer won’t tilt the conservative majority that makes up the Supreme Court, President Joe Biden’s pick could still be historic. On the campaign trail, he promised to fill a vacancy with a Black woman.

“We never had a Black woman Supreme Court...justice. It would further diversify the court, which is important, right? That the court looks like the rest of the United States,” said Mindy Romero, founder of the Center for Inclusive Democracy. 

McGeorge Law Professor Leslie Jacobs, a former clerk under Supreme Court Justice Lewis Powell, says Kruger is well known as cautious and deliberate.

“What a background, she really has all the right moves to become a Supreme Court justice,” Jacbos said.

A Los Angeles native, Kruger, 45, was appointed to California’s Supreme Court in 2014 by then Governor Jerry Brown. She graduated from Yale Law School, served as clerk on the Supreme Court, and worked for the Bush and Obama justice departments.

“I think certainly a lot of people and a lot of Californians... are wondering if she’s going to represent not only women, black women, the black experience but also the California experience,” Romero said.

Romero says the current polarized political climate will be a factor in the nomination process.

“It could bring surprises and people who will want to vehemently oppose this woman just for who she is,” Romero said.

Democrats are also feeling pressure to confirm President Biden’s nomination before midterm elections.

“The Democrats have control of the Senate, so it’s important to get the confirmation done before elections, before they possibly lose it. Because it’s a majority vote,” Jacobs said.

Breyer is expected to retire at the end of his term this summer.

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