moderna's booster shot remains durable after six months, even against the omicron variant but with a lower level of antibodies stand by for details. we want to welcome our viewers in the united states and around the world. i'm wolf blitzer. you're in "the situation room." >> let's get straight to the breaking news. a major moment for president biden as he faces his first chance to shape the nation's highest court. cnn white house correspondent mj lee is joining us. we're told the president stands by his campaign commitment to nominate a black woman to the u.s. supreme court. >> reporter: that's right, wolf. one of president biden's major campaign promises was to nominate a black woman to the supreme court should he get the opportunity to do so. and now that justice breyer is expected to announce his retirement, president biden will get just that opportunity and the opportunity to reshape the future of the supreme court, potentially for decades to come. tonight, president biden confronting a major decision about the supreme court. justice stephen breyer expected to retire from the highest court. paving the way for the president to nominate his replacement. one of the most coveted and momentous actions a sitting president can make. >> let him make whatever statement he'll make and i'll be happy to talk about it later. >> biden getting the opportunity to fulfill this 2020 campaign promise. >> i'm looking forward to making sure there is a black woman on the supreme court, to make s sure -- >> i'm committed, if i'm elected president, if i have the tunnel to elect someone to the courts, i'll appoint the first black woman to the court. >> we're putting together a list of african american women who are qualified and have the experience to be in the court. >> the white house reiterating today, biden's position on this front remains unchanged. >> the president has stated and reiterated his commitment to nominating a black woman to the supreme court, and certainly stands by that. >> the upcoming nomination and confirmation fight now expected to dominate washington and the white house for weeks. senate majority leader chuck schumer looking to move quickly following a similar time line that republicans used to confirm conservative justice amy coney barrett in 2020. the political calendar and the upcoming mid-term elections looming large over democrats. the president's party currently has the slimmest of majorities in the senate with vice president kamala harris as the tie breaking vote. this adding urgency for biden to act quickly before the senate potentially changes hands. >> mitch mcconnell said if republicans were to take back the senate in 2022, he did not see a way that you could get a supreme court justice confirmed. do you have a response to that? >> mitch has been nothing but no for a long time. and i'm sure he means exactly what he says. we'll see. >> reporter: appointed to the court in 1994 by president bill clinton, breyer, a consistent liberal justice on the bench. he has been a defender of abortion rights and affirmative action as well as a fierce opponent of capital punishment. breyer writing the opinion rejecting a challenge to the affordable care act last material. more recently, breyer coming under intense pressure including from many progressives to retire. the 83-year-old justice saying the confirmation process should have nothing to do with politics. >> if the public sees judges in politics the rule of law can only diminish. >> several names already in circulation as replacements. among them, dr. ketanji brown jackson. >> when you become a judge, you take an oath to look only at the law in deciding your cases. that you set aside your personal views about the circumstances, the defendants or anything else. >> reporter: and california's supreme court justice leondra kruger. >> i think we tend to forget when we're in the outside world that really conversations about these very difficult cases are confined to a very small number of people. >> reporter: as you can imagine, the white house today being asked repeatedly about the breyer news, but everyone from the president on down really staying on message, saying that they are not going to comment on the specifics until justice breyer himself announces that he is going to retire. wolf? >> mj lee reporting from the white house. thank you. let's get more on this nomination drama about to unfold up on capitol hill. our chief congressional correspondent, manu raju is on the season for us as he always is. you heard chuck schumer vowing quickly to confirm a new justice. walk us through. what comes next? >> reporter: yeah. a source tells me he does plan to move as quickly as republicans did in getting amy coney award confirm to the supreme court just days before the 2020 election. recalled that process back to a month and that's what schumer is looking at as a guideline here. they do plan to move. with you even before breyer's retirement takes place, he is not expected to step aside until his term is up but democrats plan to move ahead with hearings and votes before that. and they are also expecting to have the votes ultimately to be there at the end of the day. they simply need to keep their 50 members united to advance the nomination. at the moment democrats are confident they can get there. chuck schumer said the senate would move quickly to get it done as quickly as possible. >> in the senate, we want to be deliberate. we want to move quickly. we want to get this done as soon as possible. >> reporter: in this congress, a lot of questions about joe manchin and kyrsten sinema. the two swing votes all along and have broken ranks on key issues. but they've fallen in line to issue of nominations. manchin tends to defer to presidential nominations. in fact, he voted for two of donald trump's three nominees. and manchin has also. so ultimately, that they will get on board and potentially, too, some republicans as well. some of the republicans have voted for the nominees on biden's short list. those include people like susan collins and even lindsey graham. the close trump ally who voted for two of obama's nominees in 2010. >> we'll see what happens. it will be very, very dramatic, i'm sure. thank you. let's get more on the breaking news. joining us, the senior political correspondent. the anchor of not side politics. the senior legal analyst, preet bharara, aryan, it is clear that justice breyer is believing the future of the court in mind. just how momentous is this decision? >> this steadfast liberal stepping down at the end of the material. it gives biden his first chance to change the conversation. keep in mine, this won't change the balance of the court. it will be a liberal for a liberal. this new nominee will likely be much younger. maybe even more liberal. and keep in mind, it comes at a time when the conservative majority is moving this court swiftly to the right. this term it will be a huge abortion case and a second amendment case. next material, this nominee will have to deal with an affirmative action case, and likely lots of voting rights cases that are coming up. so the nominee is going to start off on this bench, at least in descent in a lot of the cases that attract the that you can's attention. and what is interesting here, the timing. i did talk to a couple people who said they think they will move quickly here, tearing a page from donald trump who pushed so quickly to get justice amy coney barrett. from confirmation to final vote. that was 30 days. so there's now precedent to move really quickly, even though breyer is only going to step down at the end of the term. >> which would be in june. president biden has pledged to nominate a black woman to the u.s. supreme court. the white house confirmed today that they stand by that promise. this would be an historic nomination, right? >> it would be. there have been 115 people who have served on the supreme court. and only seven have not been white men. and that is not because, you know, white men are the most educated, qualified people always for every single seat on the supreme court. and i think one of the reasons that biden made that promise was because i think a lot of americans, not just black americans but americans in general, want to see the court better reflect this country with women, black people, white people, you know, hispanic people, serving on the court, just like white men have been able to, for most of the court's history. so that's critically important from an historical point of view. from a political point of view, it was a promise that biden made in part to the voters who got him elected. the voters who got him elected were largely people of color, black voters in particular in the state of south carolina which helped secure the nomination for him. and black women who are among the most fervent of the voters in the democratic base. so on a lot of fronts, this is critically important for biden to give his supporters a win. and they desperately want that now after a string of really, i think, tough losses for them on voting and other issues. >> confirmed there would be four women on the u.s. supreme court. that would be significant. what would the edition of a younger, more progressive justice, due to the ideological slant of the court? >> so i think it has already been said. in the immediate material, not that much. you're swapping out someone generally liberal, although practicing mat oik certain issues, for another liberal. in the immediate future, you're going to have a 6-3 court. before justice breyer's retirement and a 6-3 court after his retirement. in the long term, it is a very sharp shift to a 7-2 court. if justice breyer waited just a year, or even a number of months, depending on what happens in the elections this fall. as we know, senator mcconnell does not like to proceed on democratic president's nominees to the high court if he thinks he can get away with it. so an enormous ideological shift. maybe on certain issues, the new justice maybe more progressive than pragmatic. but in the middle to longer term. >> let's not forget, this is a lifetime appointment. he sow someone 45, 50 years old, nominated to the court could be on the court for 40 or 50 years. david axelrod, politically speaking, how good of news is this for the biden administration? >> anything that changes the sub is good news. it's been a rough stretch for him. it is a chance to fulfill a promise and do something that unifies his caucus. and i think it is not clear but the supreme court could become a real issue in the fall. so this is a propitious time to be talking about the supreme court. if the current court does as we expect and guts roe v. wade in the spring, this could be a met 58thing factor for voters on the democratic side. particularly women, particularly in the suburbs which will be important. and having a stellar nominee who impresses joining the bench after june could be part of that mix. so i think this is good news for the president. assuming he can keep his own flock together. and i think on this, he will. >> i know you've been doing a lot of reporting on this. what are you learning about breyer's potential? who stands out from this short list? >> well, near top of the short list, as we've talked about, has been ketanji brown jackson. because she checks a lot of boxes. she's a former breyer clerk. she was recently confirmed to one of the most powerful federal appeals courts in the country. and she checks the boxes for what biden has been talking about. he said that he wanted diversity, professional diversity. she's also served time as an stand public defender. there are others. leondra kruger who sits on the california supreme court. she has a lot of friends in the obama administration. she served in the solicitor general's office. and another judge who is up for the d.c. circuit. michelle childs. you're going to hear other names come up in the next couple days because people will push for their favorites. a lot of people are looking at the fact if he moves quickly, he could do so with ketanji brown jackson there. >> we'll see what happens. that will be very, very quick indeed. thank you. there's more news we're following including new details emerging of a written response by the united states. as fears of an imminent russian invasion are growing. we'll get from ned price who is standing by live. until, energizer ultimate lithium. who wants a cupcake? 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>> well, we'll see what happens. very potentially dangerous situation. jim sciutto reporting for us. let's go to the ukrainian capital right now where matthew chance is joining us. i know you're getting new information about what the ukrainians think about this u.s. response at least so far to russia. >> reporter: yeah. that's right. within the past few minutes, we've been speaking to ukraine i can't be officials. they've been telling us what their view is. for the past couple days, there's been a bit of a disconnect, some frustration behind the scenes about the way the united states is putting together its position. that's not the case tonight. the response from ukraine officials, to russia, is that they're satisfied with it. they're saying it was fully coordinated with ukraine. they're particularly happy with the u.s. emphasis within that response that ukraine has the right to join the western military lines if it chooses to. the ukrainian officials told the document set out some comprehensive well set out, well argued set of compromises, that it said it would be logical for russia to accept. again. so very positive remarks coming from ukrainians with response to russia. a similar response, a similar view on nato's response to russia as well coming across in a separate document as well. all that as diplomatic efforts continue. this exchange of documents if you like, that is one strand of the diplomatic effort. also today in paris, the french capital, russian and ukrainian negotiators have been meeting along with french and german counter part to discuss the situation in eastern ukraine, in the rebel held areas of the country where they've been discussing the cease fire, human high school ac-- humanitarian access. and to continue, which is a good sign, and they've agreed to meet again in two weeks. in the context of this tension, that is a really positive development. >> certainly encouraging, let's hopeful matthew chance in ukraine. thank you. let's get more on all of this. joining us now, the state department spokesman. i know you have a lot going on. thank you for taking a few moments with us. what exactly did the u.s. lay out in this written response to russia's demands? how will you judge if russia is serious about engaging in this diplomacy or just buying some time until an invasion? >> reporter: well, wolf, we've long made clear that our preferred course is that of diplomacy and dialogue. we believe it is the only way to end this crisis that vladimir putin himself has needlessly precipitated. even as we pursue that course of dialogue and diplomacy, we're going down the path with our allies and partners. the next step in that dialogue and diplomacy was this submission of a written report by our ambassador in moscow to the russian ministry of foreign affairs. the report laid out two things. number one, our concerns. the shared concerns that the united states has, that our ukrainian partners have, that our european allies have. as you alluded to, we consulted very close i with ukraine, our nato allies, sharing with them our ideas, incorporating their feedback into the draft in a sense, it was an american written response but it was reflective of the concerns of the transatlantic community. we want to be sure of that. but we also laid out the area where we believe dialogue and diplomacy has the potential to be fruitful and effective if pursued in good faith. we've been clear about those areas. it is the placement of missiles in europe. it has broader arms control, efforts to increase transparency, stability. that is to say, we want to pursue all of these areas together with the russian federation in full coordination with our partners and allies. precisely because making progress in these areas would be positive on american national security, transatlantic security, and also if done if good faith, help address the stated concerns in moscow. >> certainly could. we did get the clearest time line yet of a possible russian invasion from the deputy secretary of state, wendy sherm an, today. she said likely between now and the middle of february. is the window closing for the u.s. to commit to stronger deterrence? >> well, when it comes to the time frame. there's only one person who knows that with any certainty and that's vladimir putin and i don't think he's made any announcements. at least not that i've heard. even as we are pursuing these paths of dialogue and diplomacy, that has not stopped us from moving forward with defense and deterrence. it is not either/or. we are pursuing both of these simultaneously knowing that they are interconnected. when it comes to defense and deterrence, what are we doing you? mentioned the criticism that we should be doing more. the fact is we have provided more defensive security assistance to ukraine in the last year than has ever been provided to ukraine by any administration in history. $650 million in the last year alone. 283 tons of defensive security assistance. we've had deliveries arrive over the last few days. additional deliveries will arrive going forward. we've made clear if vladimir putin continues with his aggression, we'll provide more on top of that. additionally, we have spoken to the reassurance with our nato allies. the president has spoken to the 8,500 troops that are at a heightened state of readiness, should they be called into theater. we've talked about were vladimir putin to go forward, we would do even more to reassure and to reinforce nato's eastern flank. perhaps the most important thing we've done is to speak in no uncertain terms about the severe significant sudden cost that would befall russian federation if vladimir putin and his aggression were to go forward. we've spoken of unprecedented economic sanctions, financial measures, and port controls, a series of measures, that very intentionally were rejected in 2014 when russia last went into ukraine precisely because of the consequences that would have befallen the russian economy and the russian federation. this is not something we want to pursue but it is something we have invested heavily together with our allies and partners to ensure we're ready. so whether vladimir putin chooses a path of diplomacy, whether he forces us to go down the path of deterrence and dialogue, we're ready. >> very quickly. it is clear, the department of homeland security points out, if you guys do that launch, these very tough sanctions against russia, they might respond with cyber warfare, cyber attacks against u.s. industries in the united states. are you ready for that? >> well, wolf, it is true that the measures we have contemplated, and that we have prepared, that we're poised to enact, would have implications, separate and apart from even what the russian federation does. so we're looking at energy applies are sufficient. we're talking to countries, to private sector entities, to others, to ensure that no matter what measures are put into place, that we are able to mitigate the implications for the united states and our allies and partners. but you are right. moscow has a variety of tools in its arsenal. one is cyber. we know they have engaged in cyber operations in the past. they've done so targeting the united states. so you have heard from our colleagues at the darrel of homeless, our colleagues at the white house, that we are preparing for every contingency. we are hardening what we can. we're taking preparation for sharing intelligence with our partners and allies, all in an effort to be ready for whichever path vladimir putin chooses. >> a very tense situation indeed. ned price, thanks very much for joining us. >> thanks, wolf. all right. more breaking news we're following. moderna now announcing a major step toward an omicron specific booster vaccine as well as reassuring new data about its current vaccine in the case of the highly transmissible variant. i didn't know my genetic report could tell me i was prone to harmful blood clots. i travel a ton, so this info was kind of life changing. maybe even lifesaving. ♪do you know what the future holds?♪ since suzie's got goals, she'll want a plan to reach them. so she'll get some help from fidelity, and she'll feel so good about her plan, she can focus on living it. that's the planning effect, from fidelity. (vo) this year, t-mobile for business is here to help you hit the ground running. when you switch to t-mobile and bring your own device, we'll pay off your phone up to $800. you can keep your phone. keep your number. and get your employees connected on the largest and fastest 5g network. plus, we give you $200 in facebook ads on us! so you can reach more customers, create more opportunities, and make this the best year for your business yet. visit your local t-mobile store today. it's time for sleep number's january sale on the sleep number 360 smart bed. what if i sleep hot? ...or cold? no problem, the sleep number 360 smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. and now, save $1,000 on the sleep number 360 special edition smart bed, queen now $1,999. plus, 0% interest for 24 months on all smart beds. only for a limited time. breaking news we're following. moderna announces its booster shot provides durable protection for at least six months. even against the omicron variant but with a lower level of antibodies. the company says it is advancing an omicron specific booster to the next phase of clinical trial. for more on that, i want to bring in a professor of infectious diseases, and doctor, a public health physician. to both of you, thank you very much for joining us. are you encouraged by those results from moderna on the durability of their current booster shot against omicron? >> absolutely, wolf. i think it is really good news. we're encouraged. and those data match up with what we're seeing in the field. if you're vaccinated and you've been boosted, we know that you have sustained protection against serious disease that could put you into the hospital. and that's what we've got to focus on. we want to keep people out of the hospital. >> we certainly do. dr. pernell, the first participant for an omicron specific booster has already been vaccinated. do you think most of lust receive an omicron booster at some point down the road? >> i'm not certain that we will. i think the bigger scientific bang for the buck, if you will, is the news coming around a pan coronavirus vaccine. while this is welcome news to know we're sharpening the tools in our tool kit, i think the bigger news will be if we're able to produce that pan coronavirus vaccine which would then be effective across multiple variants and other times of infections, even those that attribute to a common cold and sars and mers. that's what i'm waiting for. >> i agree. on that point, let me get your thoughts on what dr. fauci said about such a universal coronavirus vaccine, which is likely, at least some experts say, maybe years away from development but could potentially cover all times of coronavirus. how much of a game changer would that be? >> obviously it would be a game changer. we know it is in the works. it is on the laboratory bench. there are very encouraging animal studies and now clinical trial are already beginning. and this is being led by an investigator who is at the walter reed army institute of research, along with dr. pernell, we're waiting for those results. we're eager to see they will. wouldn't it be great if there were a vaccine that could protect us against a whole spectrum of covid viruses, even variants that haven't occurred yet. >> there's good news in at least a lot of the country right now, heading in the right direction as far as cases being reduced or plateauing if you will. do we need to relax restrictions when the virus is waning in certain parts of the country to keep americans on board with public health measures? if things do get bad again? >> not quite. i think the mistake that we often make is to relax prematurely. we need to be consistent. consistent pressure on the gas pedal, if you will. while certain parts of the country, we're beyond or past our peak, we're not beyond the peak everywhere in the country. we're still seeing a considerable am of deaths. i can tell you in new jersey, aware seeing a surge in the hospitals, even though the numbers are starting to rapidly decline. we may be in more of a plateau phase for the next four to six weeks. i can only caution to hold the line and remain steady. the consistent pressure gets us over the hump. not the quick changes. >> let's not forget more than 2,000 americans on average are still dying from covid every, every day. thank you very much for joining us. just ahead, the u.s. justice department confirms it is looking is that former president trump's plot to install fake electors. we'll ask a key member of the house intelligence committee about that and more. downloading a movie up to 10 times faster than before. whoa! is that done? 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all you have to do is pick up your phone, or go to loveshriners.org, and you'll be a part of something special too. thank you so much! new details emerging of some of the lengths that at least some supporters of former president trump went to to try to overturn the 2020 presidential election results. cnn has learned exclusively that federal prosecutors are reviewing fake electoral college certifications that declared trump the winner of states that he actually lost. listen to what the deputy attorney general of the united states told cnn's evan perez. >> well, first, on the issue you raised in terms of fraudulent elector certifications has been reported, we've received those referrals. our prosecutors are looking at those. and i can't say anything more on ongoing investigations. more broadly, look. the attorney general has been very, very clear. we're going to follow the facts and the law wherever they lead to address conduct of any kind and at any level that is part of an assault on our democracy. >> let's get more with democratic congressman jim himes of couldn't could not, a key member of the house intelligence committee. you heard the deputy attorney general say prosecutors are, repeat, are looking into these fake electoral college certifications. how significant is that? >> well, i think it is very significant for two reasons. number one, obviously, if people knowingly signed fraudulent ballots, the array of potential criminality is incredible. we will need to see accountability for that. it is also important, wolf, because people need to understand how coordinated, how planned and how possible it might have been that this coup attempt might have succeeded. if you think about january 6th, which happened in the room that i'm standing if right now, or if you think about rudolph giuliani standing in front of the four seasons landscaping, you might say, that was crazy. that wasn't planned. it turns out there was a legal theory. there was pressure put on the vice president who could have gone a different direction in the way he behaved that day. and these ballots, of course, are about creating uncertainty. they probably don't even need to be very good. if a number of people in this institution, the martinory greens and the cruzes of the world, that's all you need to throw that step of validating an election into a total chaos. that gets close to a successful coup. >> then vice president mike pence did the right thing. do you expect charges, former criminal charges, at the end of this? >> well, that's hard to say. of course, lisa monaco and the clip you ran there was not going to get ahead of herself and neither should i. i will tell you that from the, whatever the signatures, whoever the people were who signed fraudulent ballots, that starts with fraud and probably gets into all sorts of other crimes on the way to the concept of sedition, which is that you're trying to overthrow the peaceful transfer of power in this country. so what is really important, wolf, and i can't get into it. whether these will lead to criminal charges. right to the person who might have signed the ballots, right to the president of the united states when he called georgia, when he called brad raffensperger and said find me 11,000 votes. i don't know how that could possibly be legal and there better be accountability in one form o'r another. >> thank you. be sure to tune in later tonight, 9:00 p.m. eastern, for democracy in peril hosted by our own jim acosta. coming up, boris johnson's fate hangs in the balance right now as we await an official report on his lockdown parties that could drop at any moment. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. you don't get much time for yourself. so when you do, make it count with crest pro-health. it protects the 8 areas dentists check for a healthier mouth. the #1 toothpaste brand in america. crest. (doorbell rings) (family chattering) - [announcer] meat-itation, a sense of calm that comes from being transported to your umami place. on time, lowest price, or we'll make it right. grubhub. ♪ chicka-chicka boris johnson is now facing a make-or-break moment after new reports of yet another party at his house during a nationwide covid lockdown. now members of the opposition party, his own party and the public are demanding answers. as cnn's bianca nobody low reports, the results of an official inquiry are expected any moment. >> reporter: the question now a familiar refrain that no prime minister wants to hear. >> will you now resign? >> reporter: with an equally predictable answer. >> no, mr. speaker. >> reporter: opposition mps pulling no punches. >> i would prefer to be led by a lawyer than a liar. will he now resign? >> reporter: this lawmaker forced to withdraw the comment by the speaker, but not before it landed on the already bruised boris johnson. johnson along with the whole of westminster currently in a waiting game. a highly anticipated cabinet office inquiry into multiple alleged parties that took place in breach of lockdown rules over the past two years is expected imminently. the accusation of illegal social gathering steadily mounting, the most recent that people got together for the prime minister's birthday. when organizations first arised weeks ago, johnson denied them. >> all guidance was followed completely. >> reporter: eventually forced to apologize. >> mr. speak, i want to apologize. >> reporter: admitting he had personally attended a gathering in may of 2020 insisting he thought it was a work event. the turmoil has left the conservative party in a state of purgatory. the word in westminster that the outcome of this report will trigger a confidence vote if the findings are damning. the met police are investigating whether the law was broken. >> we have the prime minister of the united kingdom being subject to a police investigation, unable to leave the country, incapable of doing the right thing. >> for now in limbo, the prime minister remains defiant. >> we've taken the tough decisions, we've got the big calls right. >> reporter: multiple polls showing about two-thirds of british people think johnson should resign. >> is it time to go, prime minister? >> reporter: the question that now follows johnson wherever he goes. breaking news coming up next, justice stephen breyer poised to retire, giving president biden his first chance to shape the united states supreme court. we'll take a look at some of the possible replacements already being floated tonight. upgrade to the iphone 13 on us. what happens when we welcome change? we can transform our workforce overnight out of convenience, or necessity. we can explore uncharted waters, and not only make new discoveries, but get there faster, with better outcomes. with app, cloud and anywhere workspace solutions, vmware helps companies navigate change-- meeting them where they are, and getting them where they want to be. faster. vmware. welcome change. with hepatitis c i felt i couldn't be at my best for my family. in only 8 weeks with mavyret i was cured. i faced reminders of my hep c every day. i worried about my hep c. but in only 8 weeks with mavyret i was cured. mavyret is the only 8-week cure for all types of hep c. before starting mavyret your doctor will test if you've had hepatitis b which may flare up and cause serious liver problems during and after treatment. tell your doctor if you've had hepatitis b, a liver or kidney transplant, other liver problems, hiv-1,or other medical conditions, and all medicines you take. don't take mavyret with atazanavir or rifampin, or if you've had certain liver problems. if you've had or have serious liver problems other than hep c, there's a rare chance they may worsen. signs of serious liver problems may include yellowing of the skin, abdominal pain or swelling, confusion, and unexplained bleeding or bruising. tell your doctor if you develop symptoms of liver disease. common side effects include headache and tiredness. with hep c behind me, i feel free fearless because i am cured. talk to your doctor about mavyret. learn how abbvie could help you save. the pandemic made teaching and learning really hard. but instead of working to help students safely return to the classroom, the san francisco school board focused on renaming schools and playing politics. and they've even saddled our district with a $125 million deficit. our children can't wait for new leadership. here's our chance for a fresh start. on february 15th, please recall school board members collins, lópez and moliga before our kids fall even further behind. on for justice stephen breyer's replacement. president biden is standing by his vow to put a black woman on the high court. we're going to break down the potential candidates and the confirmation fight that may be brewing. also tonight, the united states says the ball is in russia's court after delivering a written response to the kremlin's demands on ukraine. moscow may be threatening to do more than launch a military invasion. we're getting new details on deep concerns about russian cyberattacks against the united states. as americans are hoping to move past the omicron surge, a new study shows moderna's booster shot still offers protection against the variant after six months. we want to welcome our viewers around the united states and the world. i'm wolf blitzer, and you're in "the situation room." let's get right to the breaking news, justice stephen breyer deciding to retire from the u.s. supreme court giving president biden a chance to nominate his successor while democrats still control the u.s. senate. m.j. lee is joining us right now. this is a very significant development for the supreme court and for the biden administration. >> reporter: that's right, wolf. a supreme court vacancy is a huge moment for any sitting presidency and one of president biden's big campaign promises was to put a black woman on the supreme court if the opportunity