President Biden on Wednesday promised to nominate a progressive to the Supreme Court if elected to a second term in the White House.
Biden made the pledge at the “Black Voters for Biden-Harris” rally in Philadelphia, where he predicted several Supreme Court justices would retire over the next four years.
“The next president could appoint some justices, and if he actually replaced some of the justices who are retiring and appointed some very progressive justices that we’ve had, would you tell me that wouldn’t change your life?” Biden told the audience.
The president’s comments underscore what’s at stake in the next election for both conservatives, who have celebrated the Supreme Court’s 6-3 majority in recent years, and progressives, who have denounced landmark decisions that ended federal protections for abortion and expanded gun rights.
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President Biden speaks at a campaign event at Girard College, Wednesday, May 29, 2024, in Philadelphia. (Demetrius Freeman/The Washington Post via Getty Images)
Biden’s remarks were also a reminder that several of the justices are in their 70s: Conservatives Clarence Thomas and Samuel Alito, who were appointed by Republican presidents, are 75 and 74, respectively, and progressive Sonia Sotomayor, who was appointed by President Obama, turns 70 next month.
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Supreme Court Justices pose for an official photograph at the Supreme Court. (Olivier Douryery/AFP via Getty Images)
If one or more justices retire, the next occupant of the White House could fill the vacancy, potentially changing the makeup of the Supreme Court for decades. Former President Trump had three such opportunities during his presidency, appointing conservative Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett to solidify the current conservative majority.
With just over six months to go until the election, and polls showing a close race, Biden’s campaign is sounding the alarm about what would happen if Trump wins.
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President Biden speaks at a campaign event in Philadelphia, Pennsylvania on May 29, 2024. (Mandel Ngan/AFP via Getty Images)
First lady Jill Biden said Wednesday that if President Trump is re-elected in November, the consequences would be dire and would erode human rights.
“We would lose all our rights,” she said. “scenery.” She has previously warned, “We can’t take things for granted and just think about the Supreme Court. Are things getting worse? Can you imagine what would happen if we put more Republicans on the Supreme Court? No way!”
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The Biden campaign’s rhetoric is reminiscent of Trump’s 2016 strategy when he was about to nominate a Supreme Court justice after the death of Justice Antonin Scalia. Trump promised to nominate a conservative who would overturn the 1973 Roe v. Wade decision that established constitutional protections for abortion, and even released a list of people he was considering for the Supreme Court.
Biden pledged in 2020 to nominate a Black woman to the Supreme Court if given the opportunity, and he picked Ketanji Brown Jackson to fill the vacancy left by Justice Stephen Breyer when he retired at age 83.
Fox News’ Alexander Hall contributed to this report.
