Breyer had watched — likely with regret — as his close friend on the high court, Ruth Bader Ginsburg, rejected such considerations. When she died while still serving on the bench during a Republican presidency, the liberal justice was replaced by her polar opposite, Amy Coney Barrett. This further solidified conservative dominance of the court.
Così, when word leaked on Wednesday that Breyer would retire at the end of this term in late June or early July, it was not all that surprising. His timing was politically propitious — intentionally so.
If Breyer was going to step away, it had to be soon. He is a highly intelligent man and a realist. He well knows there is a very good chance that in the coming elezioni di medio termine quest'anno, Democratici will lose control of the Senato, which confirms Supreme Court justices. The upper body of Congresso currently resides in a tie of 50-50, con il vice president casting the deciding vote as president of the Senate.
If Breyer waited until next year or thereafter, he would run the serious risk that Republicans in control would make it exceedingly difficult for Presidente Biden to place a nominee on the court who is the kind of liberal justice that Breyer would like to see as his own replacement.
When the last three conservative–oriented justices were nominated by Presidente Trump, molti Repubblicani insisted that the central question should always be whether the candidate is competent and qualified. Così, as long as those two conditions are met by Biden in his selection of Breyer’s replacement, Republican senators would be wise to abide by their own stated standards and not oppose the nominee. They should take the high road and decline to retaliate in kind.
It is a given that Biden will pick someone who is a reliable liberal and a progressive theorist in the mold of Breyer. tuttavia, it is worth remembering that this will not alter the current composition of the Supreme Court. Hence, Republicans should resist the temptation to oppose someone merely because of their politically influenced judicial philosophy.