Supreme Court Justice Stephen Breyer’s pending retirement presents President Joe Biden a chance to salvage his public approval, but it also complicates chances of passing a scaled-down version of his Build Back Better spending bill before the midterm elections.

Breyer’s retirement, which could be formally announced as early as Thursday, allows Biden to make good on a major campaign promise: nominating the first black woman to serve on the nation’s highest court. White House press secretary Jen Psaki declined to offer any additional details on possible nominees or a timeline for putting names forward, but she affirmed at Wednesday’s press briefing that Biden would stand by his pledge.