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Sen. Dick Durbin, who will play a key role in confirming President Joe Biden's nominee for the Supreme Court, says the process will be "fair," "deliberate" and "timely," but admitted that age should be a consideration when making a lifetime appointment.
After Justice Stephen Breyer announced his retirement last week, Biden reiterated his campaign promise to pick a Black woman to replace him on the bench and said he would consider the advice of senators from both parties as he makes his decision in the coming weeks.
Durbin, a Democrat who chairs the Senate Judiciary Committee, offered a partial look at his own thinking and how he might advise Biden as the president and his advisors vet candidates.
Asked about a nominee's age by Chuck Todd on Sunday's Meet the Press, Durbin, 77, said, "It's a factor, I'm not going to mislead you, in the selection of judges at every level."
"I have a lot of my friends here in Chicago who are attorneys in their sixties who would like to cap off their career by being a federal judge," Durbin continued. "It doesn't really make sense, you know, when you consider how little time they're likely to serve before they reach senior status or leave completely."
Supreme Court nominees must be approved by the committee Durbin currently chairs before the entire Senate votes. If confirmed, the new justice will serve for life, per the U.S. Constitution.
Andrew Harnik/AP/Shutterstock Supreme Court Associate Justice Stephen Breyer
While younger candidates can face scrutiny for a relative lack of experience — when compared to an older, more experienced one — presidents of both parties have typically preferred jurists in their 40s or 50s.
The privilege of placing a new justice on the high court means a president's influence there can last for decades after he or she has left the White House.
