Democrats are still suffering from bitterness over Donald Trump appointing three conservatives to the Supreme Court.
Now their fortunes may once again take a turn for the worse.
A Supreme Court justice’s retirement plans are giving Democrats this giant headache.
82-year-old Justice Stephen Breyer is the oldest member of the Supreme Court.
Breyer—whom Bill Clinton nominated in 1994—is rumored to be considering retirement.
However, the justice’s brother, U.S. Judge Charles Breyer, said there is no indication Breyer is retiring any time soon.
“I think we’ll find out at some point,” Breyer told Bloomberg Law. “I will tell you one thing: He loves his job.”
This news unnerved Democrats who fear a replay of when Justice Ruth Bader Ginsburg did not retire when Barack Obama was still president and Democrats controlled the Senate.
Ginsburg passed away in 2020 when Republicans controlled the White House and Senate allowing Donald Trump to nominate Amy Coney Barrett and shift the Court to the right.
That explains why some on the left are loudly calling for Justice Breyer to step down.
“If Justice Breyer is to be committed to his judicial ideology, he is going to want to be replaced on the bench by someone who is going to vote to uphold the fundamental right to vote in this country and to protect the rights of the most marginalized members of our society,” New York Congressman Mondaire Jones declared.
The group Demand Justice purchased a billboard that read “Breyer, retire. It’s time for a Black woman Supreme Court justice.”
“What we’re trying to do with tactics like the billboard truck that we had [in April] is to show that this is the time in which Supreme Court justices have in the past announced their retirements,” chief counsel for Demand Justice Christopher Kang said in explaining why the group pulled this stunt.
But other Democrats believe a pressure campaign will backfire.
Former Obama White House Counsel Neil Eggleston said he believed Justice Breyer will pay it no mind and step down whenever he feels the time is right.
“I kind of had the same reaction to this. I think Justice Breyer doesn’t need the liberal media and those sort of people – progressives like me are not turning on him, he’s in our view a fantastic justice… he’s gonna make whatever decision he’s gonna make,” Eggleston stated.
“I don’t think he’s going to decide to retire because somebody bought a van with ‘Retire, Breyer’ in writing around the Supreme Court,” Eggleston continued.
Democrats hold the narrowest Senate majority possible with just 50 seats.
There is a chance Republicans could win back the majority in 2022.
If that happened, Mitch McConnell would likely keep any Senate vacancy open until after the 2024 election in hopes the Republican nominee wins the election.
And that is why Democrat Party activists are ramping up the pressure on Justice Breyer to retire.
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