# Justice Stephen Breyer Should Retire Right Now (Is Now Retiring) **URL:** \ **Category:** Politics & Elections\ **Created:** [March 15, 2021, 8:17pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952 "2021-03-15T20:17:27Z")\ **Posts on this page:** 20\ **Page:** 14
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [February 1, 2022, 12:24pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/261 "2022-02-01T12:24:51Z")
> [@PhillyGuy](#): > > that won’t happen. Of course it will. Why would someone avoid making political hay out of this in so obvious a fashion? And who mentioned CRT? ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [February 1, 2022, 9:45pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/262 "2022-02-01T21:45:28Z")
> [@Love\_Rhombus](#): > > > [@PhillyGuy](#): > > > > that won’t happen. > > Of course it will. Why would someone avoid making political hay out of this in so obvious a fashion? And who mentioned CRT? None of the three likeliest nominees (Ketanji Brown Jackson, Leondra Kruger, and J. Michelle Childs) is the type of judge who has historically made “political hay” statements. Why would they start now? The reason I mentioned CRT professors is because I was trying to imagine what type of person, who isn’t already saying everything and anything against Biden, might turn against the Democrats if Biden apologizes for diminishing his pick by having limited the choice by race and gender. Trump is going to criticize regardless. The [Democrats are in trouble.](https://www.realclearpolitics.com/epolls/2024/president/us/general-election-trump-vs-biden-7383.html) Big D Democracy is such a major issue for me that there is essentially nothing this administration can do that will get me to vote for someone who has repeatedly said he aspires to be president for life. But [most voters don’t look at it that way](https://theliberalpatriot.substack.com/p/what-would-the-working-class-say). ---
**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\ **Post date:** [February 2, 2022, 2:26am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/263 "2022-02-02T02:26:36Z")
Ben Ray Lujan had a stroke today. But, yes, by all means let’s take some time on announcing the nominee. Dig deep, dig real deep on all the wonderful nominees and play a nice traditional game of chess while the opposition continues to play Stick-a-Chainsaw-Up-Our-Ass Ball. Maybe in the past we had the luxury of nice deep vettings that started once a vacancy was announced, but for fuck’s sake, the Republicans aren’t playing by the same rules as in the past. Get this nominee announced asap, or we can kiss another Supreme Court seat good-fucking-bye. > **[Luján stroke jolts 50-50 Senate ](https://thehill.com/homenews/senate/592391-lujan-stroke-jolts-50-50-senate/)** > > News of Sen. Ben Ray Lujan’s (D-N.M.) stroke sent shockwaves through the Senate on Tuesday, underscoring the fragility of Democrats’ 50-50 majority. ETA: Lujan is one of the younger members of the Old Geezer Club, and is expected to make a full recovery. We should consider ourselves very lucky tonight it wasn’t another more geriatric member. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [February 2, 2022, 10:59am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/264 "2022-02-02T10:59:20Z")
Lujan needs to be back at work before the confirmation hearing. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [February 2, 2022, 12:14pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/265 "2022-02-02T12:14:58Z")
Why? He’s not on the Judiciary Committee. ---
**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\ **Post date:** [February 2, 2022, 1:00pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/266 "2022-02-02T13:00:07Z")
He’s on the Commerce Committee, which handles nominations for Transportation, the FCC, and other departments/agencies. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [February 2, 2022, 1:03pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/267 "2022-02-02T13:03:50Z")
Then before the vote. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [February 2, 2022, 1:22pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/268 "2022-02-02T13:22:20Z")
It would certainly make it more interesting. In a more civilized time, in this sort of situation, a member of the opposition party would have agreed to sit out the vote so that they cancelled each other out. We don’t live in that time anymore, but I could still see maybe Romney agreeing to do so out of a sense of decorum. And there are still three Republicans who have voted for the majority of Bidens’ judicial nominees – Collins, Murkowski and Graham. Of course, they would come under enormous pressure to hold ranks if their vote could actually defeat a Biden Supreme Court nominee. But all three already voted for one of the top candidates (Jackson) and Graham all-but-endorsed another (Childs). ---
**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\ **Post date:** [February 2, 2022, 3:16pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/269 "2022-02-02T15:16:56Z")
And I really hope Biden’s team is getting someone on deck for a future vacancy. Get that deep vetting done now, so the next roll-out happens quicker. I guarantee the Republicans won’t be so laid-back about approving a nominee if someone like Thomas dies. A 50-50 Senate is fucking precarious. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [February 2, 2022, 3:59pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/270 "2022-02-02T15:59:09Z")
I’ve said this before, but I think Republicans are willing to “let” this one pass. Of course, they can’t stop it absent Democrats losing their 50+VP in the Senate, but they won’t engage in the kind of absolute histrionics that could make the process a complete shit show. If Thomas or Alito bite it while Biden is president, all bets are off. If Republicans are in the majority, they will not allow a Biden nominee to come to a vote. They’ll keep the seat open for however long there’s a Democrat in the White House and a Republican Senate majority. If in the minority, they will throw up every parliamentary obstacle they can and attack the nominee in the most vicious ways possible. For Republicans, there is no more important goal than maintaining the conservative Supreme Court majority. And all the evidence so far is that there’s no political price to be paid for playing dirty to do so. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [February 2, 2022, 4:44pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/271 "2022-02-02T16:44:56Z")
> [@flurb](#): > > It would certainly make it more interesting. In a more civilized time, in this sort of situation, a member of the opposition party would have agreed to sit out the vote so that they cancelled each other out. I don’t recall that. Do you have a cite for when that happened? ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [February 2, 2022, 5:04pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/272 "2022-02-02T17:04:40Z")
It’s called “pairing.” Here’s an article about how Lisa Murkowski and Steve Daines paired their votes on Brett Kavanaugh’s nomination so that Daines could attend his daughter’s wedding. The article includes some other examples both within the same party and across the aisle. > **[Brett Kavanaugh to Be Rare Beneficiary of Senate Paired Voting - Roll Call](https://rollcall.com/2018/10/06/brett-kavanaugh-to-be-rare-beneficiary-of-senate-paired-voting/)** > > When the Senate votes to confirm Brett Kavanaugh to the Supreme Court on Saturday, two senators will engage in a practice that’s all but died out. Sen. Lisa Murkowski of Alaska, the only member of the Republican Conference opposed to elevating the... ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [February 2, 2022, 5:09pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/273 "2022-02-02T17:09:33Z")
Thanks for the info! ---
**Author:** ![Red\_Wiggler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/red_wiggler/32/13190_2.png) [@Red\_Wiggler](https://boards.straightdope.com/u/Red_Wiggler)\ **Post date:** [February 2, 2022, 5:11pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/274 "2022-02-02T17:11:31Z")
This summarizes my thoughts pretty well. Republicans can live with 6-3 but they’ll fight to the death if it’s ever in danger of closing again to 5-4. “Rear Guard Action” Mitch and other GOP strategists have made it pretty clear that the Supreme Court is to be their last bulwark in the coming decades when election wins will be increasingly difficult to come by. ---
**Author:** ![ISiddiqui](https://avatars.discourse-cdn.com/v4/letter/i/97f17d/32.png) [@ISiddiqui](https://boards.straightdope.com/u/ISiddiqui)\ **Post date:** [February 2, 2022, 6:44pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/275 "2022-02-02T18:44:48Z")
> [@PhillyGuy](#): > > However, think about what happens next year when the Supreme Court delivers a likely popular ruling against affirmative action. If the Biden administration was in a position to say that we have always pushed hard against discrimination, knowing it almost always hurts the disadvantaged — and never wanted reverse discrimination — home free. There is not a chance in Hell the Biden administration comes out in support for a SCOTUS ruling against affirmative action. And if he did, I’d imagine his Vice President would resign and he would completely lose any backing in the black community. Literally would be political suicide. I don’t think you understand the Democratic base. FWIW, I think Biden should stick to his guns. It’s a travesty that there hasn’t been a black woman on the bench until now and making sure it is specifically rectified is a good thing. It was a good thing when Reagan made a promise to nominate a woman to the Supreme Court in 1980 and followed through and it’s good that Biden follow through on his promise now. ---
**Author:** ![smithsb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smithsb/32/12107_2.png) [@smithsb](https://boards.straightdope.com/u/smithsb)\ **Post date:** [February 3, 2022, 12:15am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/276 "2022-02-03T00:15:58Z")
> [@ISiddiqui](#): > > It’s a travesty that there hasn’t been a black woman on the bench until now and making sure it is specifically rectified is a good thing. We haven’t had a black of any sort on the Supreme Court since Thurgood Marshall. WHAT? WAIT? Clarence Thomas is black. Him? That self-hating, self-denying, massive hypocrite? If it were possible, he’d spray Wite-Out on his shadow. ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [February 3, 2022, 12:26am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/277 "2022-02-03T00:26:06Z")
> [@ISiddiqui](#): > > There is not a chance in Hell the Biden administration comes out in support for a SCOTUS ruling against affirmative action. You are likely correct there. Then, the chances of preventing Trump from doing a Cleveland may be little higher. > [@ISiddiqui](#): > > And if he did, I’d imagine his Vice President would resign and he would completely lose any backing in the black community. Democrats are slowly losing backing there regardless. [62 percent of Black American tell pollsters that race should not be a factor in college admissions](https://www.pewresearch.org/fact-tank/2019/02/25/most-americans-say-colleges-should-not-consider-race-or-ethnicity-in-admissions/). Opinions would likely be different if the preferential policy concerned hiring Black police officers who lived in local communities, but the GOP will be able to frame the Supreme Court decision that makes it sound reasonable to anyone outside the Democratic base. As for Harris resigning, you may be correct. But if her ticket remains behind in polls, and she wanted to pivot, the fact that she went to non-AA Howard means she could get behind what I think will be a very popular Supreme Court decision without seeming to be a hypocrite. The Democrats will more likely fall on their sword. Usually, no big deal. Rotation in office means you win bigger next time. That how I used to look at elections. However, a second term for a demagogue worries me. > [@ISiddiqui](#): > > I don’t think you understand the Democratic base. I understand it enough to be pessimistic. Not because the Democratic base is so extreme. [There are more extremists on the right than left](https://www.thebulwark.com/both-the-right-and-left-have-illiberal-factions-which-is-more-dangerous/). I’m pessimistic because as horrible as Trump is, he polls better than ever against Biden, and Biden’s base won’t let him go centrist. I don’t understand why Trump [no longer needs the GOP electoral college advantage to win](https://www.realclearpolitics.com/epolls/2024/president/us/general-election-trump-vs-biden-7383.html). But that’s how it looks. As for the polls being very far out, yes, but public opinion is much more resistant to movement than in the past. > [@ISiddiqui](#): > > It was a good thing when Reagan made a promise to nominate a woman to the Supreme Court in 1980 and followed through and it’s good that Biden follow through on his promise now. Why are you skipping over Trump: [It will be a woman, a very talented, very brilliant woman. Who I haven’t chosen yet, but we have numerous women on the list. I built this incredible list of brilliant people.](https://www.factcheck.org/2022/02/biden-promise-on-scotus-nominee-not-unique/) He’s gets away with that. Life is unfair. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [February 3, 2022, 12:43am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/278 "2022-02-03T00:43:27Z")
> [@PhillyGuy](#): > > I’m pessimistic because as horrible as Trump is, he polls better than ever against Biden, and Biden’s base won’t let him go centrist. I’m curious who you consider Biden’s “base,” and what “letting him go centrist” would look like. ---
**Author:** ![Mighty\_Mouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mighty_mouse/32/7776_2.png) [@Mighty\_Mouse](https://boards.straightdope.com/u/Mighty_Mouse)\ **Post date:** [February 3, 2022, 1:50am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/279 "2022-02-03T01:50:23Z")
If he gives two out of three of Blacks, Jews and Gays to the wolves on the right, that’s what “letting him go centrist” would look like. ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [February 3, 2022, 2:25am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/280 "2022-02-03T02:25:50Z")
> [@Miller](#): > > I’m curious who you consider Biden’s “base,” and what “letting him go centrist” would look like. I was thinking that the base consists of those who always vote Democratic, and do it for ideological reasons, rather than, say, because everyone in our family is a Democrat. As to what going centrist would mean, I wasn’t much thinking of policy. I was thinking of so-called [Sister Souljah moments](https://morningshots.thebulwark.com/p/joe-biden-needs-four-sister-souljah) where you signal swing voters that we share some of their better impulses. As a centrist myself, I might not define better impulses the way base voters do. [Previous page](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952.md?page=13) [Next page](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952.md?page=15)