Ketanji Brown Jackson was confirmed to the U.S. Court of Appeals for the D.C. Circuit Monday evening, replacing now-Attorney General Merrick Garland and positioning her well for a potential future Supreme Court nomination.
So Breyer doesn’t want to politicize the court by timing his retirement. How noble of him.
And how horribly selfish, foolish and short-sighted. Does he actually think Republicans will give a damn about his aspirations if given the opportunity to replace him?
For many years (decades, actually) I didn’t buy into the idea that those in the upper echelon of federal politics, of which court justices are a part whether or not they acknowledge it, lived in rarified air, unable to understand the concerns of ordinary citizens. But reports like this are changing my mind faster than lightning.
“McConnell made clear with Justice Amy Coney Barrett’s nomination that his blocking of Merrick Garland’s nomination under former President Barack Obama had nothing to do with timing, and everything to do with power…”
“…before shooting a cute, little puppy – just to watch it die – and laughing maniacally.”
Which of course will allow the GQP to politicize it to their heart’s content…thus, illustrating that Breyer is a selfish douche whose only concern is the appearance of his legacy, not the politicization of the Court.
…still burned by the death of Justice Ruth Bader Ginsburg after she refused to retire when Obama had a Senate majority,
But at that point, a simple majority could not confirm a justice; McConnell could well have filibustered any nomination. So unless Harry Reid were willing to remove the filibuster for SCOTUS nominees, which he has shown he did not want to do, Ginsburg was probably right that there was no guarantee he would be able to replace her at all, let alone with a markedly liberal justice.
Ginsburg said that she had no desire to retire while she was operating at “full steam,” since she doubted that the Senate would be able to confirm anyone as liberal as she was.
She was right. She was a powerhouse when arguing the law. What we’ve seen from religious-based, corporate-bought conservatives, is that they twist the law to suit their purposes, ignoring the law and the majority because they can.
This confirmation took place right after Moscow Mitch swore there would be no judicial confirmations? And Lindsay Graham, bless his little heart, voted to confirm??
Breyer has indicated that he doesn’t want to contribute to the politicization of the Court with a calculated retirement
“I must therefore necessarily run the risk of accidentally bringing about one of the most politicized Courts in the history of the republic.”
Changing the subject entirely, I’ve just started in (very belatedly) on Barbara Tuchman’s The Guns of August. I leave this quote from her description of the run-up to the catastrophe of WW1 without further commentary:
One constant among the elements of 1914 – as of any era – was the disposition of everyone on all sides not to prepare for the harder alternative, not to act upon what they suspected to be true.
Breyer lives in the fantasyland of the days of David Souter. It’s a nice fantasy that for the sake of the nation I genuinely wish were real. But does he not know what Ginny Thomas does all fricking day? The people Scalia used to invite to lunch? Even back in fantasyland days Rehnquist was a former Republican thug and challenger of minority voters.
Anthony Kennedy retired so that he could be replaced by his former law clerk Brett Kavanaugh. But Breyer won’t retire so he can be replaced by his former law clerk Ketanji Brown Jackson.
He’s been on the court for more than 25 years. Its time to give his ego a rest, step down, and let the younger generation take over.