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Thread: Justice Stephen Breyer to retire from Supreme Court

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    Justice Stephen Breyer to retire from Supreme Court

    Justice Stephen Breyer to retire from Supreme Court, paving way for Biden appointment
    NBC news

    WASHINGTON — Justice Stephen Breyer will step down from the Supreme Court at the end of the current term, according to people familiar with his thinking.

    Breyer is one of the three remaining liberal justices, and his decision to retire after more than 27 years on the court allows President Joe Biden to appoint a successor who could serve for several decades and, in the short term, maintain the current 6-3 split between conservative and liberal justices.

    At 83, Breyer is the court's oldest member. Liberal activists have urged him for months to retire while Democrats hold both the White House and the Senate — a position that could change after the midterm elections in November. They contended that Justice Ruth Bader Ginsburg stayed too long despite her history of health problems and should have stepped down during the Obama administration.

    Ginsburg's death from cancer at 87 allowed former President Donald Trump to appoint her successor, Amy Coney Barrett, moving the court further to the right.

    White House press secretary Jen Psaki tweeted a statement on Wednesday saying, "It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today."

    She added that the White House has no additional details or information to share.

    Prof. Erwin Chemerinsky, dean of the law school at the University of California at Berkeley, wrote in a Washington Post op-ed in May urging Breyer to retire that there are times "when the stewards of our system must put the good of an institution they love, and of the country they love, above their own interests. They have to recognize that no one, not even a brilliant justice, is irreplaceable, and that the risks presented by remaining are more than hypothetical."

    The progressive group Demand Justice, meanwhile, hired a truck last year to drive around the Supreme Court's neighborhood bearing this sign: "Breyer Retire. It’s time for a Black woman Supreme Court justice."

    Biden has pledged to make just such an appointment. Among likely contenders are U.S. Circuit Judge Ketanji Brown Jackson of the Court of Appeals for the District of Columbia, a former Breyer law clerk, and Leondra Kruger, a justice on California’s Supreme Court.

    After serving as a district court judge in Washington, Jackson was nominated by Biden for a seat on the U.S. Circuit Court of Appeals for the District of Columbia and confirmed by the Senate in mid-June. She succeeded Merrick Garland, who left the appeals court to become Biden’s attorney general.

    Despite calls from some Biden supporters to add more seats to the Supreme Court to counter its current conservative lean, Breyer said in March that such a move would risk undermining confidence in the court. Advocates of court packing, he said, should "think long and hard before embodying those changes in law."

    Appointed by President Bill Clinton, Breyer came to the Supreme Court in 1994 and became one of the court's moderate-to-liberal members, though he often said it was misleading to label justices with such terms.

    He believed that interpreting the Constitution should be based on practical considerations, changing with the times. That put him at odds with conservative justices who said the court must be guided by the original intent of the founders.

    "The reason that I do that is because law in general, I think, grows out of communities of people who have some problems they want to solve," he said in an interview.

    Breyer wrote the court's opinion striking down a state law that banned some late-term abortions in 2000 and dissented seven years later, when the Supreme Court upheld a similar federal law passed by Congress. He supported affirmative action and other civil rights measures. And in a widely noted dissent in 2015, he said the death penalty in America had become so arbitrary that it was probably unconstitutional.

    Biden is expected to act quickly to nominate a successor who can be ready to serve when the court's new term begins Oct. 3. A former chairman of the Senate Judiciary Committee, he knows firsthand how the confirmation process works.
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    Now if only Clarence the Clown would also retire at the end of this court term....

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    It's a fucking crazy system.
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  4. Thanked Seshmeister for this KICKASS post:

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    Quote Originally Posted by FORD View Post
    That put him at odds with conservative justices who said the court must be guided by the original intent of the founders.
    What would a English slave owner think 300 years ago?

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    Quote Originally Posted by Seshmeister View Post
    What would a English slave owner think 300 years ago?
    Well, the first thing he would ask is how Clarence Thomas got on the court. I've asked the same thing, but for very different reasons.

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    The supreme court is two thirds catholic because of the abortion obsession.

    Meanwhile 1 in 3 Americans now classify themselves as not religious. Biden needs to find a female Hispanic atheist.

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    Hispanic isn't likely because he's already promised to nominate a "black woman". Atheist is still possible, at least in theory. Seems that only Catholics & Jews have been nominated in the last few decades. John Paul Stevens was the last Protestant on the court. Also the most "liberal" Justice at the time he retired, despite being a Republican nominee (Jerry Ford - probably the only BCE judicial appointee that wasn't a hard right fascist)

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    She'll also need to carry a rape alarm...

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    Or a gun. No way the Republican Justices could take issue with that.

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    Courts and judges aren’t supposed to be political but the Supreme Court is totally political which defeats the purpose of having one in the first place.
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    I think Biden should nominate Obama. Just to watch the MAGAs lose their god damn minds.
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    Bidet and NObama should shoot each other.
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    Well, they would. Problem is, you MAGAs and your "victimhood" keeps on getting in the way.

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    Quote Originally Posted by Kristy View Post
    I think Biden should nominate Obama. Just to watch the MAGAs lose their god damn minds.
    Well, it would have to be Michelle, since he promised a "black woman". And she is a lawyer, so she's tried more cases than Rapey Brett or Amy Culty Batshit combined, so she's technically qualified.

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    Turtle Boy would never allow for that. It is his court after all.

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    Turtle Boy blew up the filibuster for Supreme Court appointments so he could force that idiot Gorsuch on to the bench during Cheeto's term. (after blocking Obama from replacing Fat Tony for the last 10 months of his term). So there's no way Yertle can block this nomination. The only ones who can fuck it up are ManchinEnema. If no Republicans are willing to cross over for the vote, they bring in Scamala Harris for the tie breaker.

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    Quote Originally Posted by FORD View Post
    Turtle Boy blew up the filibuster for Supreme Court appointments so he could force that idiot Gorsuch on to the bench during Cheeto's term. (after blocking Obama from replacing Fat Tony for the last 10 months of his term). So there's no way Yertle can block this nomination. The only ones who can fuck it up are ManchinEnema. If no Republicans are willing to cross over for the vote, they bring in Scamala Harris for the tie breaker.
    A turtle and a cackling witch. Sounds like a kid’s show which it basically is.

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    Speaking of cackling witches..... with dementia.....


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    Actually.... if they put Scamala on the court.... that would leave the door open for another VP to step in, to eventually replace Biden on the 2024 ticket if his numbers continue to tank... (her numbers are even worse)

    Just not Mayo Cheatin' Pete. Or fucking Hillary......

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    Be careful what you wish for. Biden could dump this on the court

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    Oh goody. Another Supreme Court freak show.

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    Quote Originally Posted by twonabomber View Post
    Be careful what you wish for. Biden could dump this on the court
    This? you Lake Erie freak? I certainly hope he does - just to watch your tiny MAGA head explode.

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    If a stacked court actually does overturn Roe v. Wade, it's the end of the GOP as a party able to fairly complete in elections...
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    Yeah, but who needs to fairly compete when you have gerrymandering, voter suppression now "legal" again in the CSA states, Shittizens United allowing for unlimited misinformation about candidates & issues, and 60 votes needed to pass any damned thing in the Senate.

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    I should have went to law school. I'd be a disastrous lawyer but I qualify as a seat among those rich, Illuminati Cathy-lick bastards. Being an ex-Cathy-lick myself I's say I've always been a Cathy-lick at my Senate hearings and say I'm am going to crush the whole Roe decision so that the Christofascist Republican Nazis will vote my sorry F A T ass right in. Then I'd renounce all that horseshit and really start to fuck up things from the inside.

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