Supreme Court Justice Stephen Breyer is retiring, giving President Joe Biden and Democrats a chance to fill a crucial spot in the nation’s top court. Biden is expected to announce the justice’s retirement as soon as Thursday.
In 1994, President Bill Clinton nominated the 83-year old liberal. is the oldest member on the Supreme Court. Since President Joe Biden was inaugurated last year, Democrats have been pushing Breyer to step down in order to allow the president enough time to fill his chair.
Biden made the pledge on the campaign trail to nominate a Black womanto the Supreme Court. If he keeps his promise and his choice is confirmed by Senate, the justice will be the first Black woman to sit on the High Court. Lawmakers like Representatives Cori Bush (D-Missouri), Barbara Lee (D-California)And Mondaire Jones (D-New York)They have started to urge Biden to choose a Black woman for the seat.
Chuck Schumer (D, New York) is the Senate Majority Leader has saidOnce a nominee has been chosen, the Senate will swiftly vote on that nominee. “President Biden’s nominee will receive a prompt hearing in the Senate Judiciary Committee and will be considered and confirmed by the full United States Senate with all deliberate speed,” he said in a statement.
The court currently has a conservative majority, with five right-leaning judges and four liberals. Replacing Breyer won’t change the partisan makeup of the court, given that Biden chooses a liberal, but it will secure a liberal spot on the court for the remainder of the justice’s lifetime appointment.
Breyer’s retirement comes just as Democrats could potentially lose the ability to nominate a liberal justice for years to come. Last year, Senate Minority leader Mitch McConnell (R.Kentucky). VowIf the GOP retakes control of the Senate in the coming midterm elections, the Senate should not confirm a Biden nominee.
This seat is crucial for Democrats as Republicans have tried to pack the court with conservative justices. The GOP, which was led by McConnell, was elected as Senate Majority Leader in 2016. delayed President Barack Obama’s Supreme Court pick, Merrick Garland, for 11 months. They claimed it was too close for the general election to fill the seat.
When Donald Trump’s pick, Justice Brett Kavanaugh, was up for confirmation, the GOP changed filibuster rules to push him through, ignoring numerous sexual assault allegationsThat had been levelled against the justice. Notably, Republicans have We are steadfastly opposed to any changes in filibuster rulesWhen it comes down to protecting voting rights or addressing the climate crisis.
Republicans broke their own rule last year about filling Supreme Court slots in close proximity to an election. GOP members rushed to replace liberal Justice Ruth Bader Ginsburg in September, just weeks before general election. released a statement vowing to rush through an appointment the night of Ginsburg’s death. Trump nominated Amy Coney Barrett, a far-right activist who was confirmed by Republicans just eight daysBefore the election.
Although the country is still many years away, Democrats are ready to fight again with Republicans.
“The right-wing donors who stocked the Court with its 6-3 supermajority will deploy massive dark-money firepower in an attempt to defeat any Biden replacement,” said Sen. Sheldon Whitehouse (D-Rhode Island) in a statement. “I hope the White House and our allies prepare for the fight ahead. We cannot allow right-wing donor interests to tighten their grip on the Court any further.”
Whitehouse has been raising awareness over the past year about dark money interests in the Supreme Court. He claims that they have pushed it further to the right.
Over the past months, the Court has made many far-right moves and has shot down Biden’s pandemic-related mandates and is poised to potentially Overturn Roe v. Wade. Recent agreements were also reached by the justices take on a caseThat could end affirmative actions, which have been helping non-white students to college admissions for decades.
