At least two left-wing “dark money” groups are planning to spend millions to back whomever President Joe Biden picks to replace United States Supreme Court Justice Stephen Breyer, CNBC reported Monday.
According to the report, both the Demand Justice and Building Back Together issue advocacy groups are planning to spend millions to secure the nomination and appointment of the person Biden selects to replace the retiring Breyer on the high court.
“We expect the Senate will act to confirm Biden’s pick quickly, but we will do and spend whatever is needed to ensure that ends up being the case. This is a history-making moment to put the first Black woman on the court,” Demand Justice Executive Director Brian Fallon recently told CNBC.
Biden campaigned on, and said he will now, nominate a Black woman to serve on the court to better represent the nation’s population.
"Our process is going to be rigorous. I will select a nominee worthy of Justice Breyer's legacy of excellence and decency," Biden said in a Reuters story Jan. 27. "While I've been studying candidates' backgrounds and writings, I've made no decision except one: The person I nominate will be someone with extraordinary qualifications, character, experience and integrity — and that person will be the first Black woman ever nominated to the United States Supreme Court. It's long overdue, in my view.”
Demand Justice, one of the two organizations not required by law to disclose the identity of its donors, is working to change the Supreme Court, including “reforming the Supreme Court, expanding the circuit and district courts, and championing new judges with experience as public defenders, civil rights lawyers, legal aid lawyers, and labor lawyers who represent working people,” its website said.
Because the groups are classified as 510(c)(4) tax-exempt organizations which do not make donation disclosures, they are considered “dark money,” according to the CampaignLegal.org website.
The groups can spend up to 50% of funds on elections or campaigns without being considered “political” groups, the website said.
The organization supports expanding the court beyond nine justices since Republican President Donald Trump placed three conservatives on the bench, giving the court a 6-3 conservative majority.
The other group, Building Back Together, looks to “advance a progressive agenda” with Biden in the White House and Democrat majorities in the House and Senate.
According to CNBC, Biden expects to pick a nominee by the end of the month, and the shortlist of names being considered include federal Judge J. Michelle Childs, California Supreme Court Justice Leondra Kruger and U.S. Appeals Court D.C. Circuit Judge Ketanji Brown Jackson.
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