Joe Biden will select Merrick Garland, a judge on the powerful U.S. Court of Appeals for the District of Columbia Circuit and a one-time Supreme Court candidate, to be his attorney general, The Daily Beast can confirm. The news was first reported by Politico. Garland was President Barack Obama’s choice to fill Justice Antonin Scalia’s seat on the nation’s highest court after his death in 2016. However, Senate Republicans successfully filibustered his nomination for months, allowing Trump to fill the slot with Neil Gorsuch. With Raphael Warnock and Jon Ossoff likely to prevail in Georgia’s U.S. Senate runoff elections, Democrats may take control of the Senate, albeit by a one-vote margin—potentially complicating approval of Garland to the post, as well as his replacement on the circuit court.

Scott Bixby contributed to this report.