Biden pledged to put a black woman on the Supreme Court. Here's what he might have to do.

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Biden pledged to put a black woman on the Supreme Court. Here's what he might have to do.
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Joe Biden's pledge to pick a black woman US Supreme Court justice puts a spotlight on the limited presence that black women have been given on the federal judiciary.

Biden's pledge also shines a light on the stakes in the 2020 election for the high court, where conservatives hold a 5 to 4 advantage. The future of Justices Ruth Bader Ginsburg, 87, and Stephen Breyer, 81, both Democratic appointees, looms large over the future of big issues such as abortion rights and civil rights. The next oldest justices are GOP-picked Clarence Thomas, 71, and Samuel Alito, 70.

Demand Justice has floated outside-the-box prospects on its shortlist, including 43-year-old California Supreme Court Justice Leondra Kruger; civil rights lawyer, advocate and author Michelle Alexander; NAACP counsel Sherrilyn Ifill; and NYU law professor Melissa Murray. Biden made his pledge days before the South Carolina primary. “I’m looking forward to making sure there's a black woman on the Supreme Court, to make sure we, in fact, get every representation,” he said then. It was the first majority-black contest on the Democratic calendar and handed Biden a dominant victory that revived his campaign. One by one, he vanquished his rivals.after rising to historic levels during Obama’s victories in 2008 and 2012.

Some Democrats speculate that Sen. Kamala Harris, D-Calif., and Stacey Abrams, a former Georgia gubernatorial candidate — both lawyers — will find their way on to Biden's Supreme Court shortlist if they are passed over for vice president.

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