When will Ketanji Brown Jackson be sworn in as a Supreme Court justice?

Choose Ketanji Brown Jackson was confirmed to the Supreme Court docket Thursday afternoon by 53-47 Senate vote — however she’s not a justice but. 

Jackson should wait till both late June or early July earlier than she will take her seat on the Supreme Court docket as a result of Justice Stephen Breyer remains to be sitting in it. Breyer did not step down instantly when he introduced his retirement in January, however as an alternative mentioned that he would depart the court docket on the finish of its present time period. 

“I’m writing to let you know that I’ve determined to retire from common lively judicial service as an Affiliate Justice of the Supreme Court docket of the USA,” Breyer wrote to President Biden. “I intend this determination to take impact when the court docket rises for the summer time recess this yr … assuming that by then my successor has been nominated and confirmed.” 

SENATE CONFIRMS BIDEN NOMINEE KETANJI BROWN JACKSON TO SUPREME COURT

Breyer’s determination gave Biden and Democrats loads of time to decide on and make sure his successor, which they did Thursday with practically three months to spare. 

It isn’t unprecedented for a decide to be confirmed whereas their predecessor remains to be of their seat. That notably occurred on the court docket Jackson is leaving, the D.C. Circuit Court docket of Appeals, in 2020 when Choose Justin Walker was confirmed in June, months earlier than his predecessor, Choose Thomas Griffith, retired. 

However it’s uncommon for a Supreme Court docket justice to attend so lengthy to be sworn in after being confirmed. 

U.S. Supreme Court docket Justice Stephen Breyer holds up a replica of the U.S. Structure as Breyer pronounces he’ll retire on the finish of the court docket’s present time period, on the White Home in Washington, U.S., Jan. 27, 2022. 
(REUTERS/Kevin Lamarque)

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Justice Amy Coney Barrett was sworn in immediately earlier than the 2020 presidential election, as she stuffed a emptiness that arose after Justice Ruth Bader Ginsburg died. Justice Brett Kavanaugh was additionally sworn in instantly. He changed Justice Anthony Kennedy who, like Breyer, retired on the finish of a Supreme Court docket time period — besides Kennedy did not announce his retirement till the court docket’s time period ended. 

Justice Neil Gorsuch stuffed late Justice Antonin Scalia’s seat instantly after he was confirmed and was sworn in shortly after the Senate vote. That seat was open for greater than a yr as a result of Senate Republicans would not permit a listening to on Obama nominee Merrick Garland. 

The newest scenario that mirrors what Jackson is experiencing would be the affirmation of Justice Samuel Alito underneath former President George W. Bush. 

Supreme Court docket nominee Ketanji Brown Jackson testifies throughout her Senate Judiciary Committee affirmation listening to on Capitol Hill in Washington, Wednesday, March 23, 2022.
(AP Photograph/Andrew Harnik)

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Justice Sandra Day O’Connor introduced her retirement in summer time 2005, and Bush nominated present Chief Justice John Roberts to switch her. However shortly after that, former Chief Justice William Rehnquist died, and Bush bumped Roberts as much as fill his spot. 

Bush then tried unsuccessfully to verify former White Home Counsel Harriet Miers to switch O’Connor, who remained on the bench throughout the seek for her successor. The Senate ultimately confirmed Alito in winter 2006. 

However nonetheless, O’Connor stepped down instantly after Alito was confirmed. 

Regardless of the bizarre nature of her scenario, in three months, Biden will signal Jackson’s judicial fee, and he or she can be sworn in as the primary ever Black girl to take a seat on the U.S. Supreme Court docket. 

“It is a lengthy highway to equality. We hold trodding on it,” Senate Majority Chief Chuck Schumer, D-N.Y., mentioned Thursday. “Generally you’re taking a step again. At the moment we took an enormous step ahead. We’re elated.” 

Fox Information’ Chad Pergram contributed to this report.