[Congressional Record Volume 168, Number 22 (Thursday, February 3, 2022)]
[Senate]
[Page S504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Supreme Court Nomination

  Madam President, on SCOTUS, yesterday, I met with President Biden at 
the White House to discuss a broad range of issues on the Democratic 
agenda. One of the most important matters we covered was his intention 
to nominate the first Black woman Justice to the Supreme Court. I 
reiterated the same commitment I have made all week: When President 
Biden makes his nominee known to the Nation, I will move to have the 
Senate consider and confirm her as soon as possible.
  I will see to it that the process is fair, that Members on both sides 
of the aisle can evaluate questions and get to know the nominee, but we 
will also move quickly. Everything seems to be on track to get that 
done, to move the nominee quickly through the Congress.
  President Biden is not expected to announce his nominee for a few 
weeks, but we already know one thing: The President's pledge to name a 
Black woman to the Supreme Court is historic. There have been 115 
Justices who have sat on the Court since 1789. Only five of them have 
ever been women--none until 1981. Only two have been African American. 
But never, never has there been an African-American woman, who still 
make up a bare 6 percent of the Federal judiciary. And--amazing--until 
1981, this powerful body, the Supreme Court, was almost all White men. 
Imagine. America wasn't all White men in 1981--or ever.
  Under President Biden and this Senate majority, we are taking 
historic steps to make the courts look more like the country they serve 
by confirming highly qualified, diverse nominees. A quarter--a 
quarter--of all African-American women who sit on the Federal bench 
were nominated by this administration and approved by this Senate.
  Just hear that. Twenty-five percent of African-American women who sit 
on the Federal bench came through the Senate this year. That is the 
progress we have made in a relatively short amount of time.

  In fact, nearly 70 percent of all the President's nominees have been 
non-White, dwarfing the record of every single President since at least 
Jimmy Carter.
  Some say: Well, why is that? Because the Bench has been almost all 
White; as I said, 100 percent all White males until 1981. We have some 
ground to make up so the courts can represent America.
  These aren't abstract facts and figures; who we put on the bench 
matters. The personal experience that each judge brings to bear cannot 
be merely glanced over. When Americans come before the courts and look 
up at those who preside in the courtroom, they should trust that those 
who render judgment on them will be able to understand each litigant's 
lived experience and bring a modicum of human understanding required to 
apply the law equitably. The best way--the best way--we can do that is 
to elevate judges from a broad range of backgrounds. Diversity, in all 
its forms, matters. It is good for the justice system, and it is really 
vital to the health of our democracy.
  President Biden's nominees are also extremely well qualified. We are 
not sacrificing qualifications and excellence for diversity. President 
Biden's nominees are both more diverse and more qualified than any 
President's in recent history. I am proud of the accomplishments we 
have secured this past year to bring balance to our Federal courts.