The process to name and confirm a successor to replace Breyer has begun in earnest, although Biden said yesterday at his press conference that he may take until the end of February to announce his nominee.
Until then, we will hear familiar names—as well as new names—of possible shortlisters to replace Breyer. But whomever Biden ultimately nominates, there is no doubt that individual will move the Court’s liberal wing even further to the left.
Nominated by President Bill Clinton in 1994, Justice Breyer stands out today as a relic of a different political era. During his tenure, he proved to be one of the more moderate members of Court’s liberal wing, which over time has become more strident.
Breyer has a reputation for being willing to sometimes compromise with the other side and has adamantly rejected partisanship. Last year, he even criticized court-packing, which angered the Left but earned praise from Senate Minority Leader Mitch McConnell.
The radicals driving today’s Democratic party recognize that Breyer falls short of their vision for a model justice, which is why the left-wing dark money group Demand Justice launched an unseemly campaign urging Justice Breyer to retire nearly one year ago.
Demand Justice is funded by the Sixteen Thirty Fund and is part of the vast Arabella Advisors network. The dark money groups within Arabella’s universe bankrolled a massive, years-long infusion of cash to support President Biden and Democratic congressional candidates. Liberal dark money groups spent over $ 514 million in the 2020 election cycle, with the Sixteen Thirty Fund alone spending $ 410 million.
During the 2020 campaign season, liberal dark money groups heavily pushed the idea of packing the Supreme Court, even though it had been thoroughly discredited after President Franklin D. Roosevelt’s disastrous pursuit of an enlarged Court. Several groups even hosted a forum dedicated to “restructuring” the Court—and drew several leading Democratic presidential contenders.
While the dream of court packing has slipped away, at least for now, the left-wing dark money groups that helped elect Biden and Senate Democrats now have their chance to shape the Court.
It’s no surprise that two of the most widely reported frontrunners, Ketanji Brown Jackson of the D.C. Circuit and Leondra Kruger of the California Supreme Court, are on Demand Justice’s short list, published before the 2020 election.
The radical liberals and their dark money funders who control today’s Democratic Party do not want just a younger justice who can serve for several decades. They want one who is more extreme. They seek an ideologue who will unflinchingly impose standards that are invented out of whole cloth while gladly diminishing protections that are actually in the Constitution.
Nowadays, many aspects of religious freedom, political speech, and the right to bear arms are unfashionable with the Left, despite their explicit protection by the Constitution’s first two amendments. At the same time, they demand that their judges protect a limitless right to abortion, even if such a right is nowhere to be found in the Constitution.