President Biden pledged this week to nominate a Black woman to the Supreme Court to replace retiring Justice Stephen Breyer in an offering to the progressive left.

While Biden's pledge to nominate a Black woman has received support from Democrats who see it as a win for diversity, over a dozen Senate Democrats previously tried to block a Black woman from the federal judiciary when she was nominated by former President Trump. 


President Joe Biden

President Biden points to the Oval Office of the White House as he arrives on Marine One on the South Lawn in Washington, Sunday, Nov. 21, 2021, from Wilmington, Del.  (AP Photo/Carolyn Kaster)

The Senate Democrats in question all voted against Ada E. Brown, former President Trump’s nominee for district judge of the northern district of Texas.

Brown, a Black woman, was confirmed in September 2019 by a vote of 80-13, with the 13 "nay" votes coming from Democratic Senators Chuck Schumer, Tammy Baldwin, Richard Blumenthal, Sherrod Brown, Maria Cantwell, Catherine Cortez Masto, Kirsten Gillibrand, Mazie Hirono, Ed Markey, Patty Murray, Brian Schatz, Debbie Stabenow and Ron Wyden.

Only two of the offices for the 13 senators who voted against Brown’s confirmation responded to Fox News Digitals’ requests for comment.

Chuck Schumer

Senate Majority Leader Chuck Schumer, D-N.Y., attends a meeting with President Biden and congressional leaders in the Oval Office of the White House, Wednesday, May 12, 2021, in Washington.  (AP Photo/Evan Vucci)

A spokesperson for Schumer pointed to the senator’s Wednesday remarks to reporters in New York, where he said he expected the president to "follow through" on his pledge to nominate a Black woman and said the Senate would "move quickly" on his nominee.

A spokesperson for Cantwell pointed to a tweet by the senator regarding Breyer’s retirement and the "opportunity" to diversify the Supreme Court.

"I thank Justice Stephen Breyer for his years of service on the Supreme Court. His opinions in support of the Affordable Care Act and abortion rights have helped Americans access the health care they need," Cantwell tweeted. "This is an opportunity to add diversity to our highest court and I look forward to considering President Biden’s nominee."

The president announced on Thursday that he would be making his Supreme Court nomination based on the nominee's race and gender.

"I've made no decision except one: The person I will 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," Biden said. "It's long overdue, in my view."

The announcement has seen bipartisan pushback, with former Democratic presidential candidate Tulsi Gabbard of Hawaii tweeting Friday about "Biden’s mistake."


"He should not be choosing a Supreme Court justice based on the color of their skin or sex, but rather on their qualifications [and] commitment to uphold our Constitution [and] the freedoms guaranteed to all Americans in that document which is the foundation of our nation," Gabbard wrote.