In response to Justice Breyer's retirement, President Biden has nominated US Court of Appeals Circuit Judge Ketanji Brown Jackson for a seat on the Supreme Court of the United States.

After graduating from Harvard University, Jackson clerked for Justice Breyer and served as vice chair of the U.S. Sentencing Commission. She was nominated for district court judgeship by President Obama and was considered as a potential replacement for Justice Scalia. She was elevated to the US Court of Appeals in March of 2021 after receiving confirmation votes from a bipartisan collection of Senators, including Lindsay Graham, Susan Collins, and Lisa Murkowski.

Following the nomination, Jackson will face the Senate Judiciary Committee and undergo vetting and questioning by the 20-person team. The committee will then vote on whether or not to advance her to the Full Senate for a final approval vote. If seated, she will have a lifetime appointment and become the first Black woman to serve on the court, as has been pledged by Biden throughout his campaign and presidency.