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FILE - Supreme Court Associate Justice Stephen Breyer, appointed by President Bill Clinton, sits with fellow Supreme Court justices for a group portrait at the Supreme Court Building in Washington, Nov. 30, 2018. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday, Jan. 26, 2022. (AP Photo/J. Scott Applewhite, File)

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FILE - Supreme Court Associate Justice Stephen Breyer listens during a forum at the French Cultural Center in Boston, Feb. 13, 2017. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday, Jan. 26, 2022. (AP Photo/Steven Senne, File)

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FILE - Supreme Court Associate Justice Stephen Breyer testifies before a House Committee on Appropriations Subcommittee on Financial Services hearing to review the FY 2016 budget request of the Supreme Court of the United States, on Capitol Hill in Washington, March 23, 2015. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday, Jan. 26, 2022. (AP Photo/Manuel Balce Ceneta, File)

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FILE - Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, April 23, 2021. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday, Jan. 26, 2022. (Erin Schaff/The New York Times via AP, Pool, File)

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FILE - President Bill Clinton and his Supreme Court nominee Stephen Breyer leave the White House in Washington, May 16, 1994, for the Rose Garden where the President officially introduced Breyer to the nation. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday, Jan. 26, 2022. (AP Photo/Doug Mills, File)