The United States Court of Appeals for the District of Columbia Circuit deviated from its usual procedure by issuing an opinion on a Thursday, breaking from its usual schedule of Tuesday and Friday publication days. Notably, Jackson — who interviewed Biden for the Supreme Court nomination — had a majority in the 2-1 decision case.
Some legal experts took the release as a sign that Jackson could be the nominee and the announcement could happen as soon as Friday, particularly because a similar storyline unfolded with current judge Brett Kavanaugh.
“It’s not hard to imagine that the same math explains why that 2-1 ruling with Judge Jackson in the majority came out today – another day when the court doesn’t typically make non-urgent rulings.”
A DC Circuit Court official told CNN the case in question was an untried matter in an emergency case. The court always has the ability to issue opinions at any time, the official said, and has done so many times over the years, particularly when it comes to a matter of urgency.
The DC Circuit official also confirmed that Supreme Court nominees “generally” stop participating in cases before the Court of Appeal after their High Court appointments are announced.
“Sometimes the appointed judge provides us with a statement to read in response to media requests,” the official said, adding, “We don’t know anything at this point.”
Another contender for the seat, California Supreme Court Justice Leondra Kruger, was spotted in California on Thursday morning as a car accompanied by state police was seen leaving the South Carolina home of a shortlisted colleague, District Court Judge J. Michelle Childs. Plastic bags covered the car window, so it was unclear if Childs was in the car.
A ceremony on Friday would mark two years to the day when Biden made his initial promise to choose the first African-American female judge in a 2020 primary debate in South Carolina.
This story has been updated with additional reports.
CNN’s Betsy Klein and Andrew Millman contributed to this report.
