In 1991, he presided over explosive hearings to confirm Justice Clarence Thomas. Those hearings featured sexual misconduct charges that left some accusing Mr. Biden and his all-white, all-male committee of having mistreated Anita Hill, who had accused Justice Thomas of sexual harassment. Mr. Biden has since expressed regret to Ms. Hill.
As a senator, Mr. Biden would often emphatically or emotionally question nominees on issues such as civil rights and the right to privacy.
“Just talk to me as a father,” he asked John G. Roberts Jr. during a Senate confirmation hearing in 2005, seeking to understand how Mr. Roberts felt about end-of-life planning. “Just tell me, just philosophically, what do you think?” (Mr. Roberts, now the chief justice, declined to answer the question on those terms.)
Mr. Peck said Mr. Biden was most likely using that same method during interviews, with an ear for what senators would be looking to hear during a confirmation hearing.
“I’m sure the conversations include the kind of discussions that allow him to kind of gain a bit of insight into a potential nominee’s value system,” he said. “He’s going to want someone who can forge consensus, who can write powerful majority opinions and can also express dissenting views in a clear way that people can understand.”
Who Are Some of the Contenders for the Supreme Court?
Card 1 of 4A transformative pick. The decision by Justice Stephen G. Breyer to retire will give President Biden the chance to make good on his pledge to name the first Black woman to the Supreme Court. Here’s who could be in the running:
Ketanji Brown Jackson. Judge Jackson, who clerked for Justice Breyer early in her peripatetic legal career, underwent a Senate confirmation last year when Mr. Biden elevated her to the U.S. Court of Appeals for the D.C. Circuit. She was confirmed by a bipartisan 53-to-44 vote.
Leondra R. Kruger. The California Supreme Court justice has many of the qualifications typical of nominees for the U.S. Supreme Court, but she is anomalous in at least one way: She serves on a state court. Justice Kruger’s moderation could make her a mediating force in Washington.
J. Michelle Childs. Representative James Clyburn, a Biden ally, has pushed for the federal district court judge in South Carolina, in part because of her humble background. Unlike many court nominees, who tend to have an Ivy League pedigree, Judge Childs is a product of public universities.
In the White House, Mr. Biden is surrounded by people who understand the workings of the court, including his chief of staff, Ron Klain. He was Mr. Biden’s counsel on the Judiciary Committee during the 1991 showdown over the nomination of Justice Thomas, and he was a top court adviser to Presidents Bill Clinton and Barack Obama. Dana Remus, the White House counsel, formerly clerked for Justice Samuel A. Alito Jr., a member of the court’s conservative wing.