Fact Check: Did George W. Bush Nominate a Black Woman to the Supreme Court in 2003?

Viral social media posts claim that Republicans were the first to nominate a black woman to the Supreme Court in 2003 but then-Sen. Joe Biden filibustered her nomination. 

There were no Supreme Court nominations put forth by President George W. Bush in 2003. Bush didn’t have an opportunity to nominate any justices until 2005 when Justice Sandra Day O’Connor announced her retirement and then-Chief Justice William Rehnquist passed away. 

Bush nominated three individuals for the Supreme Court, none of whom are black women: Chief Justice John Roberts, Justice Samuel Alito, and Harriet Miers. Miers served as White House counsel, and asked Bush to withdraw her nomination to the Supreme Court after bipartisan concern over her lack of experience as a judge.

Biden did filibuster the confirmation of a black woman to the U.S. Court of Appeals for the D.C. Circuit, Judge Janice Rogers Brown. Brown was nominated to the position in 2003, and her appointment was filibustered by a group of senators that included Biden. Brown was eventually confirmed in 2005. When she was said to be on the shortlist for the Supreme Court, Biden said he would oppose her nomination and she would likely be filibustered. 

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