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Stephen Breyer’s Definite Retirement Plan Will Backfire

the New York Times It was reported last month that Supreme Court Justice Stephen Breyer, 82, had resisted calls for his fellow progressives to resign. The reason? Breyer is apparently concerned that retirement in the face of a pressured campaign from Democrats will increase the Supreme Court’s polarization and political views. in fact Delays in Breyer’s retirement could have the opposite effect. If Breyer is too late and Democrats lose control of the Senate before choosing a successor, Mitch McConnell may have a chance to block it. Replacing Breyer and powering up the last five years of intense dichotomy around the courts.


7;s not hard to imagine how Breyer’s delays increased court politics. Breyer looks forward to retirement for a few more years or a few months. Democrats have lost control of the Senate in the 2022 midterm elections, or because most of the deceased senior members of the Senate are killed and replaced by Republicans, Mitch McConnell. returned to the Senate Majority Leadership Breyer died or fell ill shortly after Republicans brought back the Senate and left the court. President Joe Biden has made his campaign promise to nominate a black woman to the Supreme Court. It has elected judicial superstars such as California Supreme Court Justice Leondra Kruger or Ketunji Brown Jackson (coming soon to be a judge in the DC Circuit), McConnell announced shamelessly. That Republicans won’t have a hearing for Supreme Court justices until the 2024 presidential election, as though he’s running out of time to consider Merrick Garland in the seat of Justice Antonin Scalia, Democrats protested. blockade of nominees And the faces of the nominees are prominently displayed in court advertisements. The key debate in the 2024 presidential elections about who will run for the Supreme Court. With the knowledge that not only Breyer’s position, but also likely that the seats of Justices Clarence Thomas and Samuel Alito (two staunch conservatives) could be opened. With the Republican presidential election win in 2024, the court is again. Political football on our national stage

Is there any reason to think that such a situation would not play out like that? It’s true that a two-year delay to fill Breyer’s seat will be much longer than Scalia’s nine-month delay between his death and the election of Donald Trump, who eventually took his place. But there’s no reason to believe McConnell would feel the least embarrassed about the longer it took. Indeed, McConnell would have liked the opportunity to lead to such a delay. It seems likely that Scalia’s debut sparked great enthusiasm among evangelical voters and others for Trump over Hillary Clinton in the year’s presidential election. 2016 and he wants history to repeat itself. Although Democrats are increasingly understanding the importance of the Supreme Court. But it motivates right-wing voters more than left-wing voters.

Whether or not the Supreme Court kills women’s rights to choose and overturn it. Roe v. Wade With the 2022 midterm elections, the issue should encourage voters from both sides to vote on the future president of the Supreme Court. All the judges in the Republican president-appointed court are conservatives who do not believe in the constitutional right to abortion. And all the judges appointed by the president from Democrats are liberals who support abortion rights. The 2024 presidential campaign season centered on the role of the courts will further convince the public that judges are not just a political party tool.

I understand Breyer’s willingness to leave the court in the face of public pressure to resign. if he retired It may seem that he did it to help the party of President Bill Clinton, who appointed him. A public campaign to convince Breyer to do so could also backfire. (And of course, this article can be viewed by the judges. if he sees it as part of the campaign)

But Justice Breyer, a former Harvard law professor, is smart, even though his ideal of courts above political battles is a desirable goal. But he must know that this does not reflect the present moment. He must have known that he was not wrong. Judging from the experience of his friend Justice Ruth Bader Ginsburg, she had no chance of retirement when Barack Obama was president and Democrats controlled the Senate. She could live a few more years, despite multiple cancer diagnoses. But she was sad that she wasn’t there to see Joe. Biden took office She died allowing President Trump to replace her with Supreme Court Justice Amy Coney Barrett. This shifted the court from a 5-4 conservative court, where liberal judges sometimes choose a conservative court, to a 6-3 court, where the job was difficult. much more

in the next few weeks The court will make some important decisions regarding voting rights. Clash Between Religious Freedom and LGBTQ Rights Campaign Financial Disclosure and Obamacare The next agenda promises to create more divisiveness with guns and abortions in cases already on the agenda.

If Stephen Breyer doesn’t want to increase court politics He should retire at the end of this term. When Democrats can assert Judge Kruger or Brown Jackson or other highly qualified jurists, it’s easy to replace him. His retirement and the subsequent confirmation process will not happen for most people. It was almost certain that strong justice had to be replaced by him. He can then spend his time supporting the Supreme Court, not political. by speaking and writing about this urgent issue It will add value to an impressive legacy. This choice is likely to be remembered not only as the one who helped establish supremacy in the 7-2 Conservative Supreme Court, but more importantly as the judge whose delay drove the court into the ruling party battle. High cape in the future and of the country

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