The US Court of Appeals for the District of Columbia Circuit deviated from its typical procedure by issuing an opinion on a Thursday — breaking with its usual schedule of Tuesday and Friday release days. Notably, Jackson — who has interviewed with Biden for the Supreme Court nomination — was in the majority in the 2-1 ruling case.
Some legal experts took the release as a sign that Jackson could be the nominee and that the announcement could come as soon as Friday, especially because a similar scenario played out with now-Justice Brett Kavanaugh.
“It’s not hard to imagine that the same calculus explains why this 2-1 decision with Judge Jackson in the majority came out today — another day on which the court does not usually issue non-emergency rulings.”
A DC Circuit court official told CNN that the case in question was an unargued case in an emergency matter. The court always has the option to release opinions at any time, the official said, and has done so numerous times over the years, especially where an emergency matter is concerned.
The DC Circuit official also confirmed that “generally” nominees for the Supreme Court stop participating in cases in front of the appellate court after their high court nomination is announced.
Jackson is scheduled to hear oral arguments for three cases Friday morning as part of a panel at the circuit court. The judges are able to call in remotely.
“Sometimes the nominated judge provides us with a statement to read in response to media inquiries,” the court official in DC said earlier Thursday, adding, “We don’t know anything at this point.”
Another contender for the seat, California Supreme Court Justice Leondra Kruger, was spotted in California Thursday morning, while a car accompanied by state police was seen departing the South Carolina home of a fellow shortlister, District Court Judge J. Michelle Childs. Plastic bags covered the car window, so it was unclear whether Childs was in the car.
A Friday ceremony would mark two years to the day when Biden made his initial pledge to choose the first African American female justice during a 2020 primary debate in South Carolina.
This story has been updated with additional reporting.
CNN’s Betsy Klein and Andrew Millman contributed to this report.