January 1, Supreme Court Justice Retiring, Giving Biden His First Pick

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Supreme Court Justice Stephen Breyer is planning to retire, a move that will pave the way for President Joe Biden to make his first pick for the nation’s highest bench.

Breyer, 83, one of the court’s three liberal justices, is expected to stay on until the end of the term and a replacement is confirmed.

The move follows months of rampant will-he-or-won’t-he speculation and calls from the left for the Clinton nominee to make way for a new pick. During this time, many liberals had pointed to Justice Ruth Bader Ginsburg’s death in September 2020 and subsequent confirmation of conservative Justice Amy Coney Barrett as a cautionary tale for Breyer, urging him to avoid what they view as Ginsburg’s severe error.

“I’m sure Breyer realizes what a blow Justice Ginsburg’s non-retirement was to the possibility of ever having an even mildly progressive Court in our lifetime,” said Dan Kobil, a law professor at Capital University.

“And that describes Breyer — mildly progressive.”

Senate Majority Leader Chuck Schumer (D-N.Y.) said Breyer’s replacement will be “confirmed by the full United States Senate with all deliberate speed.”

But White House press secretary Jen Psaki said that the Biden administration doesn’t have anything to say on the subject — at least for now.

“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. We have no additional details or information to share from [the White House],” she tweeted. 

During Biden’s 2020 campaign, he pledged to nominate the first Black female Supreme Court justice. Many believe that Judge Ketanji Brown Jackson is on his shortlist. Jackson is a former Breyer clerk recently confirmed to the D.C. Circuit Court of Appeals.

After the news of Breyer’s impending retirement broke, Sen. Patty Murray (D-WA) specifically called for a Black woman to replace him.

“In the wake of Justice Breyer’s retirement, I want to voice my support for President Biden in his pledge to nominate the first Black woman to the Supreme Court. The Court should reflect the diversity of our country, and it is unacceptable that we have never in our nation’s history had a Black woman sit on the Supreme Court of the United States,” Murray tweeted. 

Meanwhile, some Republican activists are already opposing Biden’s eventual pick.

“The Left bullied Justice Breyer into retirement and now it will demand a justice who rubber stamps its liberal political agenda,” Judicial Crisis Network President Carrie Severino tweeted.

“And that’s what the Democrats will give them, because they’re beholden to the dark money supporters who helped elect them.”

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Breyer to retire from Supreme Court