President Joe Biden had zeroed in on a pair of finalists for his first Supreme Court pick when there were rumors last year that Justice Stephen Breyer would retire.
But since the upcoming retirement was announced late last month, it has come with the rise of a third candidate, one with ready-made bipartisan support that has complicated the decision.
This story is based on accounts from seven people familiar with Biden's decision-making who spoke to The Associated Press on condition of anonymity to talk about private discussions. But J. Michelle Childs has rapidly become a serious third candidate after House Majority Whip Jim Clyburn, D.-S.C., publicly announced his support for her, as did the state's Republican senators, Graham and Tim Scott. Graham has made clear Childs is his preferred choice.
Among the three justices on Biden's short list, Childs is considered the most moderate, and she has been criticized by progressives and labor groups who say her record is not sufficiently supportive of worker rights. She was previously a state court judge and has served as a federal trial court judge since 2010.
Breyer's replacement won't shift the ideological makeup of the court. So in some ways, that makes it easier for Republicans to back a candidate advanced by Biden. But Biden has also said bipartisan support is not a necessity; a razor-thin majority in the U.S. Senate means he doesn't need it. His team, led by former Democratic Sen. Doug Jones, has compiled past writings, public remarks and decisions of the candidates, as well as learning their life stories.
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