Judge Ketanji Brown Jackson was confirmed in the Supreme Court on Thursday afternoon by a 53-47 vote in the Senate – but is not yet a judge. Jackson will have to wait until the end of June or the beginning of July to be able to take her place in the Supreme Court, because Judge Stephen Breyer is still sitting in it. Breyer did not immediately resign when he announced his resignation in January, but instead said he would leave the court at the end of his current term. “I am writing to tell you that I have decided to retire from regular active judicial service as a Deputy Chief Justice of the United States Supreme Court,” Breyer wrote to President Biden. “I intend this decision to take effect when the court raises for the summer holidays this year … assuming that by then my successor has been appointed and confirmed.” President Biden holds hands with Supreme Court Justice Candidate Ketanji Brown Jackson as they watch the Senate vote on it in the Roosevelt Hall of the White House in Washington, DC, Thursday, April 7, 2022. The Senate CONFIRMED BIDEN KETANJI BROWN JACKSON CANDIDATE IN THE SUPREME COURT Breyer’s decision gave Biden and the Democrats plenty of time to choose and confirm his successor, something they did on Thursday with almost three months to wait. It is not uncommon for a judge to be confirmed while his or her predecessor is still in office. This was particularly the case in the outgoing Jackson Court of Appeal of the DC Circuit in 2020, when Judge Justin Walker was confirmed in June, months before his predecessor, Judge Thomas Griffith, retired. But it is rare for a Supreme Court justice to wait so long to be sworn in after being confirmed. U.S. Supreme Court Justice Stephen Breyer holds a copy of the U.S. Constitution as Breyer announces that he will retire at the end of his current term at the White House in Washington, DC, January 27, 2022. (REUTERS / Kevin Lamarque) Senate Democrats WAIT FOR GREAT CHANGES IN JUDICIAL CONFIRMATIONS, THE SUPREME COURT IF THEY GET THE MAJORITY Judge Amy Coney Barrett was sworn in just before the 2020 presidential election as she filled a vacancy left following the death of Judge Ruth Bader Ginsburg. Judge Brett Cavanaugh was immediately sworn in. He replaced Judge Anthony Kennedy, who, like Breyer, retired at the end of the Supreme Court’s term – except that Kennedy did not announce his resignation until the end of his term. Judge Neil Gorsuch took over the seat of the late Judge Antonin Scalia shortly after it was ratified and sworn in shortly after the Senate vote. This seat was open for more than a year because the Senate Republicans did not allow a hearing on Obama candidate Merrick Garland. The most recent situation that reflects what Jackson is experiencing may be the confirmation of Judge Samuel Alito under former President George W. Bush. Supreme Court nominee Ketanji Brown Jackson testifies at the confirmation hearing of the Senate Justice Committee at the Capitol in Washington, DC, Wednesday, March 23, 2022. (AP Photo / Andrew Harnik) DEMOCRATS ARE CREATING “AMAZING DAY” AS JACKSON CONFIRMED TO THE SUPREME COURT: “WE ARE HAPPY” Judge Sandra Day O’Connor announced her resignation in the summer of 2005, and Bush appointed current Supreme Court Justice John Roberts to replace her. But shortly afterwards, former Supreme Court Justice William Rehnquist died and Bush struck Roberts to fill his position. Bush then tried unsuccessfully to persuade former White House adviser Harriet Myers to replace O’Connor, who remained in office during the search for her successor. The Senate finally confirmed Alito in the winter of 2006. However, O’Connor resigned shortly after Alito was confirmed. Despite the unusual nature of her condition, in three months, Biden will sign Jackson’s jury and be sworn in as the first black woman to appear in the US Supreme Court. CLICK HERE TO RECEIVE THE FOX NEWS APPLICATION “This is a long road to equality. We continue to push it,” Senate Majority Leader Chuck Schumer, DN.Y. “Sometimes you take a step back. Today we took a giant step forward. We are excited.” Fox News’ Chad Pergram contributed to this report.
