# 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:** 8
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [January 26, 2022, 6:53pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/141 "2022-01-26T18:53:13Z")
McConnell can’t stop it anymore, because the Republicans ended the filibuster on Supreme Court nominees. Dems have the votes if they are all on board. The danger is the rightmost Dems balking at a “too liberal” nominee. ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [January 26, 2022, 6:54pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/142 "2022-01-26T18:54:46Z")
> [@eschrodinger](#): > > The danger is the rightmost Dems balking at a “too liberal” nominee. Or, if one of them decides to become an independent, and caucus with the GOP. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [January 26, 2022, 6:59pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/143 "2022-01-26T18:59:06Z")
I’m concerned about the influence on Sinema. She’s seemingly tanking her own political career at this point, despite saying she wants to run for president. That said, the court did shut down the vaccine mandate, which the businesses all supported. So maybe her handlers will let her vote like she would have have back when she seemed to care about people. ---
**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:** [January 26, 2022, 7:06pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/144 "2022-01-26T19:06:33Z")
Whew. What a fucking relief. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [January 26, 2022, 7:31pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/145 "2022-01-26T19:31:21Z")
> [@BobLibDem](#): > > Let’s really rile up the MAGAbots: Hillary! Since we’re all on a first-name basis here, let’s also mention Nancy! ---
**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:** [January 26, 2022, 7:40pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/146 "2022-01-26T19:40:24Z")
In all seriousness, I hope he nominates [Leondra Kruger.](https://en.wikipedia.org/wiki/Leondra_Kruger) ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [January 26, 2022, 8:00pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/147 "2022-01-26T20:00:07Z")
I’ll see your Nancy and raise you George! (Soros, that is) ---
**Author:** ![ShadowFacts](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shadowfacts/32/2934_2.png) [@ShadowFacts](https://boards.straightdope.com/u/ShadowFacts)\ **Post date:** [January 26, 2022, 8:24pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/148 "2022-01-26T20:24:38Z")
I am delighted that Justice Breyer has finally taken my advice! 🤣 And I hope he enjoys and long and fruitful retirement, with gratitude for his service. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [January 26, 2022, 8:32pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/149 "2022-01-26T20:32:48Z")
> [@Dr.Drake](#): > > McConnell: “Of course I’m happy for President Biden to nominate a Supreme Court Justice. Just not this one.” Lather, rinse, repeat for two years; then switch to, “in two years, Biden has not found a suitable replacement to fill this shameful vacancy on our Supreme Court. Now that we’re less than a year from electing a new president, perhaps we should hold off until the American people have their say.” Seems all too likely… That being said, he should try. My vote is not for someone on the far left, but for someone incredibly charismatic and persuasive who will bend the conservatives towards the middle ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [January 26, 2022, 8:32pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/150 "2022-01-26T20:32:52Z")
> [@Happy\_Lendervedder](#): > > In all seriousness, I hope he nominates [Leondra Kruger.](https://en.wikipedia.org/wiki/Leondra_Kruger) She and Ketanji Brown Jackson are the two names that have been most commonly mentioned. I’d put money on Jackson, because she was just confirmed to a circuit court position 53-44, including 3 Republican “yeas” (Graham, Collins and Murkowski). I’m sure that Graham would reverse himself, but it would be harder for Collins or Murkowski or potential D defectors like Manchin or Sinema to reverse course after going on record supporting her. Interesting fact about Jackson – her husband’s twin brother is brother-in-law to former Speaker Paul Ryan. Ryan even testified on her behalf when she was first nominated to a district court position in 2012. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 26, 2022, 8:36pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/151 "2022-01-26T20:36:25Z")
The way things are going, why not nominate Kamala Harris and when she is confirmed, appoint a new VP? ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [January 26, 2022, 8:51pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/152 "2022-01-26T20:51:20Z")
Kamala is Joes protection from impeachment. And they will try. Just because. ---
**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:** [January 26, 2022, 8:56pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/153 "2022-01-26T20:56:12Z")
I could think of worse things. She doesn’t seem to be a good fit where she’s at currently, every headline I read about her is that she/her staff aren’t happy. Incidentally, while I was ecstatic when she was sworn in, I was never crazy about Harris as the VP pick. A Californian with very little Washington experience was never the right pick as heir apparent to Biden. Now, for the Supreme Court, I could get behind that. ETA: Plus the novelty of nominating the VP to the SC, combined with having the opportunity for a polling bump similar to when the candidate picks their running mate would be a nice potential boost for the midterms ---
**Author:** ![Paul\_was\_in\_Saudi](https://avatars.discourse-cdn.com/v4/letter/p/b77776/32.png) [@Paul\_was\_in\_Saudi](https://boards.straightdope.com/u/Paul_was_in_Saudi)\ **Post date:** [January 26, 2022, 10:35pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/154 "2022-01-26T22:35:45Z")
We need diversity in the Court. The President has promised us a Black woman. OK, but I want more. Can we have someone who graduated from a small law school? Someone who did not clerk for a big name? Someone who comes from the West? Who has served in the Army? Who speaks three languages? Someone who has lived outside the bubble that produced all the other justices? ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [January 26, 2022, 10:46pm UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/155 "2022-01-26T22:46:18Z")
For this very reason, Judge J. Michelle Childs is getting talked up a bit as an option that doesn’t fit the Ivy Leage law school/Supreme Court clerk bio of other nominees. She graduated from the University of South Carolina School of Law and has a background in labor law in private practice and state government before being appointed a federal district court judge in 2010. She also has the support of Rep James Clyburn, who is probably the single person most responsible for Biden being in the White House. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [January 27, 2022, 12:31am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/156 "2022-01-27T00:31:04Z")
> [@flurb](#): > > Biden has said that he will appoint an African American woman . . . Angela Davis is still available! ---
**Author:** ![Bootb](https://avatars.discourse-cdn.com/v4/letter/b/e19b73/32.png) [@Bootb](https://boards.straightdope.com/u/Bootb)\ **Post date:** [January 27, 2022, 12:35am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/157 "2022-01-27T00:35:36Z")
> [@flurb](#): > > Biden has said that he will appoint an African American woman to his first Supreme Court opening. It would be politically perilous for him to back off that promise. He could appoint Condoleezza Rice. That would fulfill his promise. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [January 27, 2022, 12:37am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/158 "2022-01-27T00:37:50Z")
AP story: > **[At least 3 judges eyed as Biden mulls Supreme Court pick](https://apnews.com/article/biden-supreme-court-nominee-breyer-replacement-41912ca7a5919759cefb01cd82f7f97e)** > > President Joe Biden is eyeing at least three judges for an expected vacancy on the Supreme Court, and each of them would fulfill his campaign pledge to nominate the first Black woman to the nation’s highest court. > With [Justice Stephen Breyer](https://apnews.com/article/stephen-breyer-supreme-court-retirement-2f9c1f5da824e3b1ef25964205131fff) planning to retire, early discussions about a successor are focusing on U.S. Circuit Judge Ketanji Brown Jackson, U.S. District Judge J. Michelle Childs and California Supreme Court Justice Leondra Kruger, according to four people familiar with the matter who spoke on condition of anonymity to discuss White House deliberations. Jackson and Kruger have long been seen as possible nominees. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [January 27, 2022, 12:47am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/159 "2022-01-27T00:47:49Z")
I agree with some others. There is nothing that the GOP can do to stop this, and it is a liberal for a liberal, and we’ve got the benefit with RGB----\>Barrett, so they will let this slide and keep a 6-3 (well, 5 1/2 to 3 1/2) split. ETA: And use it to say that “See, we aren’t that bad.” I predict 70 votes for the unknown nominee, again to say, “See we aren’t that bad.” ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [January 27, 2022, 12:57am UTC](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952/160 "2022-01-27T00:57:53Z")
> [@UltraVires](#): > > I agree with some others. There is nothing that the GOP can do to stop this, An interesting point gets made [here](https://www.google.com/amp/s/time.com/6142711/joe-biden-supreme-court-nominee-mitch-mcconnell-stephen-breyer/%3famp=true): _“If all 11 Republican members of the Judiciary Committee oppose Biden’s pick and all 11 Democrats back her, the nomination goes inert … The nomination doesn’t die, but it does get parked until a lawmaker—historically, the Leader of the party—brings it to the floor for four hours of debate … At that point, it’s a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.”_ [Previous page](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952.md?page=7) [Next page](https://boards.straightdope.com/t/justice-stephen-breyer-should-retire-right-now-is-now-retiring/937952.md?page=9)