Passed over for Supreme Court, SC Judge Childs gets first hearing for DC Circuit seat

U.S. Sen. Lindsey Graham did not dwell on the past for very long Wednesday morning when he introduced the South Carolina federal judge who he had long hoped would become the next U.S. Supreme Court justice.

Instead, the Republican lawmaker from South Carolina shared a knowing look with U.S. House Majority Whip Jim Clyburn, D-Columbia, and expressed his gratitude that the day had finally come for Judge Michelle Childs to be considered for a seat on the influential D.C. Circuit Court of Appeals.

“Congressman Clyburn and I have been talking about this for a very long time,” Graham told his fellow members on the Senate Judiciary Committee as he shared a layered chuckle with his colleague from South Carolina.

“You may have read about it,” Graham continued, prompting a robust laugh from Clyburn. “But the point is that, Jim and I, we have different political philosophies, but we try to move forward as a state in a positive way along with Sen. (Tim) Scott and our whole delegation.”

Childs, 56, has been a federal judge on South Carolina’s District Court for more than a decade.

She was nominated by President Joe Biden in December last year for the influential D.C. Circuit. Her nomination was put on hold as she was considered by Biden for the U.S. Supreme Court.

She listened as the two influential lawmakers from her home state heaped praise on her, citing both her abilities as a jurist and her character.

If confirmed, Childs would join a court considered to be the second-most important in the country that also serves as something of a launch pad for Supreme Court justices.

Supreme Court justices are often plucked from the D.C. Circuit.

Supreme Court Justice Brett Kavanaugh, appointed by former President Donald Trump, and Merrick Garland, nominated by former President Barack Obama, both served on the D.C. Circuit.

Garland’s nomination was ultimately scuttled, but he is now the U.S. attorney general. Supreme Court Chief Justice John Roberts and the late Justice Ruth Bader Ginsburg also served on the D.C. Circuit Court.

“Her achievements are great,” Clyburn said of Childs. “But what people remember most about Judge Childs are her demeanor and her dedication. In other words, her incredible judicial temperament.”

Clyburn, the highest-ranking African American in Congress, also sought to highlight Childs’ life experiences. She moved to Columbia, South Carolina, with her mother after her father, a police officer, was shot.

Growing up in a single-parent household in a working class community, Clyburn said Childs worked hard for what she achieved.

“She attended a public high school, a public university, a public law school. She worked hard,” Clyburn said of the University of South Carolina School of Law graduate.

Childs also went on to become the first Black woman to make partner at Nexsen Pruet, a major South Carolina law firm.

In his remarks, Graham said that Clyburn was the one who called him to discuss the possibility of Childs moving up in the judicial system.

“And as you can tell, I was all-in,” Graham said, adding that it was up to Biden to decide who to nominate to the Supreme Court.

Pushing for Childs, again

Graham and Clyburn both publicly urged Biden to choose Childs, a District Court judge from their home state, to replace retiring Supreme Court Justice Stephen Breyer earlier this year but their efforts fell short.

Biden picked Judge Ketanji Brown Jackson, a former Breyer law clerk and current influential D.C. Circuit Court of Appeals.

Graham and U.S. Sen. Tim Scott voted against Jackson’s confirmation.

In his introduction Wednesday, Graham appeared to hold out hope that Childs might still ascend to the nation’s highest court.

He said he hoped the public and the Senate committee would be encouraged to see that two South Carolina lawmakers from opposing political parties can “rally around an accomplished woman who has worn the robe well and has potential to serve at the highest level of the judiciary.”

“But this position that she is being nominated for is consequential,“ Graham said without frustration or remorse. He also said Childs would be “a great role model for young women out there to show what is possible.”

After making sure her microphone was turned on, Childs beamed as she introduced herself to the committee.

She thanked Biden for nominating her, but she soon gave thanks to key members of the South Carolina delegation who championed her long before she sat before the committee.

“I must express my sincere gratitude to Majority Whip James Clyburn for his confidence in me and kind remarks, Sen. Lindsey Graham for his endorsement and gracious sentiments, and Sen. Tim Scott for his support,” she said.

Childs, who has served on the federal bench since 2010, was nominated to the U.S. Court of Appeals for the District of Columbia Circuit by Biden in December. In his announcement at the time, Biden described Childs as “extraordinarily qualified, experienced, and devoted to the rule of law and our Constitution.”

After President Barack Obama nominated her to her current post on the U.S. District Court in South Carolina in 2009, the Senate confirmed her through a voice vote.

Already, there are signs that the kind words from Graham and Clyburn are influencing her odds.

Sen. Jon Osoff, D-Georgia, told Childs, “Your reputation precedes you. I know the high regard with which you’re held by Senators in both parties.”

U.S. Sen. Cory Booker, D-New Jersey, said he had no questions for Childs.

“Lindsey Graham has made it clear to me who you are and what you’re about, and so I yield to Lindsey Graham and his wisdom on this matter,” Booker said.