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Justice Stephen Breyer, an influential liberal on the Supreme Court, to retire


OverSword
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U.S. Supreme Court Justice Stephen Breyer is retiring after serving more than two decades on the nation's highest court, Supreme Court and Biden administration sources tell NPR.

Breyer — professorial, practical, and moderately liberal — wrote many of the court's legally important but less glamorous decisions and sought, behind the scenes, to build consensus for centrist decisions on a conservative court.

Breyer's retirement gives President Biden his first opportunity to name a new justice to the court. During the 2020 campaign, he pledged to name an African American woman if he got the chance. The two leading contenders are said to be federal Judge Ketanji Brown Jackson, who was on President Obama's shortlist for the court in 2016, and California Supreme Court Justice Leondra Kruger, who served as assistant, and then deputy solicitor general in both Democratic and Republican administrations prior to her nomination to California's highest court.

 

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2 minutes ago, South Alabam said:

Watch the Republicans try to stall this until 2024.

I'm sure they will.   Both parties try their best nearly every time.  

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3 minutes ago, South Alabam said:

Watch the Republicans try to stall this until 2024.

Yes, let's see how much or how little class they decide to have. 

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Biden will probably consider the same type of qualifications he considered in picking his VP. 

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1 minute ago, Myles said:

I'm sure they will.   Both parties try their best nearly every time.  

But, but...Republicans!!!:angry:

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3 minutes ago, el midgetron said:

Biden will probably consider the same type of qualifications he considered in picking his VP. 

He made a campaign pledge to appoint an African American woman.  To be clear though, it wasn't biden that picked harris it was the party, otherwise known as Pelosi.

Edited by OverSword
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U.S. Supreme Court Justice Stephen Breyer was ushered into retirement by “left-wing dark money groups,” according to a statement Wednesday by Carrie Severino, president of the conservative Judicial Crisis Network.

Breyer’s retirement was reported by the press before he himself made it, leading to speculation that it had been leaked by a White House eager to appease left-wing critics after its recent legislative failures — and worried about Republicans winning the Senate in 2022.

https://www.breitbart.com/politics/2022/01/26/jcns-severino-stephen-breyer-bullied-into-retiring-by-left-wing-dark-money-groups/

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George Washington University Law School professor Jonathan Turley noted Wednesday that President Joe Biden’s criteria for a new Supreme Court justice — that she be black and female — are “unconstitutional” in other contexts, according to the Court itself.

Turley was commenting in the wake of news earlier in the day that Justice Stephen Breyer, 83, would be retiring at the end of the current Court term — an announcement that apparently took Breyer himself somewhat by surprise.

https://www.breitbart.com/politics/2022/01/26/turley-bidens-black-female-supreme-court-requirement-unconstitutional-in-other-contexts/

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3 minutes ago, el midgetron said:

I should have kept reading, found the answer

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By nominating Harris to the Court, Democrats could create an open slot in the Vice Presidency — and while they still have control of Congress, all it would take to confirm a successor to Harris would be a majority vote in both Houses, according to the 25th Amendment to the Constutiton.

Likely contenders include Secretary of Transportation Pete Buttigieg, who has struggled to deal with the basic responsibilities of his job but has been highly visible and is known to covet the presidency.

https://www.breitbart.com/politics/2022/01/26/kamala-harris-could-become-first-black-female-supreme-court-justice/

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9 hours ago, OverSword said:

But, but...Republicans!!!:angry:

Before Neil Gorsuch, when was there EVER an issue about a nominee coming in an election year?

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Good is what I say. At last some Democrats are thinking ahead rather then just right now.

This is a no brainer. With the votes now in hand to do what he wants, and the same unlikely in 12 months, this is a solid decision by Breyer.

Now Biden needs to name someone who's not too young, but not too old. In the current political environment it doesn't matter if they're a moderate, or a flaming far left liberal, since we can expect they'd both reasonably vote the same.

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3 hours ago, Agent0range said:

Before Neil Gorsuch, when was there EVER an issue about a nominee coming in an election year?

That’s kind of irrelevant if you have the votes to push it through, right?

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On 1/26/2022 at 12:15 PM, Myles said:

I'm sure they will.   Both parties try their best nearly every time.  

To date, the Dems have not had an opportunity to do this.  But now that the Rubs have put the idea out there, it is fair game.

Doug

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15 hours ago, OverSword said:

That’s kind of irrelevant if you have the votes to push it through, right?

No.  The majority leader has to bring it to a vote.  One man showed complete disregard for the Constitution by not bringing it to the floor.  

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8 minutes ago, Doug1066 said:

To date, the Dems have not had an opportunity to do this.  But now that the Rubs have put the idea out there, it is fair game.

Doug

The dems tried every tactic to stop the appointing's.  I expect the reps to do the same.  

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4 minutes ago, Myles said:

The dems tried every tactic to stop the appointing's.

I can think of several where they made a major fuss, but in no case did they have any hope of appointing a liberal in place of those, or of delaying the appointment in hopes of getting to make the appointment themselves..  They were going for a better conservative.

Doug

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47 minutes ago, Agent0range said:

No.  The majority leader has to bring it to a vote.  One man showed complete disregard for the Constitution by not bringing it to the floor.  

Well he won't be able to hold it up for three years

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50 minutes ago, Agent0range said:

No.  The majority leader has to bring it to a vote.  One man showed complete disregard for the Constitution by not bringing it to the floor.  

On supremecourt.gov it says:

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The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

 

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On 1/27/2022 at 6:24 PM, OverSword said:

On supremecourt.gov it says:

 

And a vote doesn't happen unless the majority leader holds it.  I mean, I'm pretty sure you would be able to realize that after the past year...

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