AMAC Exclusive – By Seamus Brennan
![Breyer](https://static-asset.amac.us/wp-content/uploads/2023/02/28062704/Stephen-Breyer-1.jpg)
After months of mounting pressure from Democrats and progressive media personalities, news broke Wednesday that Supreme Court Justice Stephen Breyer intends to retire at the end of the Court’s current term. Breyer, the 83-year-old Associate Justice appointed by President Bill Clinton, is the Court’s oldest member and regularly votes with the Court’s two other liberals, Elena Kagan and Sonia Sotomayor, both Obama nominees. But while progressives have hailed the news as a chance to inch the Court in a more radical direction, that effort may not be without some serious political risks.
Breyer’s retirement comes just months before the Court is expected to release long-awaited decisions on the future of abortion rights, the Second Amendment, and religious liberty. Moreover, just two days before reports of Breyer’s retirement initially surfaced, the Court agreed to reassess affirmative action as it relates to using race as a factor in college admissions decisions—another hot-button issue conservatives have long been eager to contest. With a 6-3 majority thanks to President Donald Trump’s three nominees, conservatives are optimistic some of those decisions could go their way.
Notably, Breyer’s retirement also comes as Democrats face down what is increasingly shaping up to be a disastrous midterm election cycle for their party. With only the slimmest of majorities in the Senate, Democrats may have a narrow window to nominate and confirm a Supreme Court Justice before Republicans take control and threaten Biden’s chances of having his preferred nominee confirmed. But after a number of embarrassing legislative setbacks last year, a messy and prolonged Supreme Court fight could only add to the image of a Democratic Party that can’t govern effectively and is pushing radical and even extreme policies on the country.
Following the election of Joe Biden in 2020, progressives immediately began a pressure campaign aimed at forcing Breyer into retirement so that Biden could nominate a new justice with more progressive leanings. One group even paid to have a billboard truck park near the Supreme Court with the message “Breyer, Retire – it’s time for a Black woman Supreme Court justice.” As Carrie Severino, president of the conservative Judicial Crisis Network, put it, “The Left bullied Justice Breyer into retirement, and now it will demand a justice who rubber stamps its liberal political agenda. And that’s what the Democrats will give them.”
As Severino suggests, the prospect of an addition to the Court has given the far left hope for a new justice aligned with their political beliefs and willing to act as an agent of their agenda. Since Justice Ruth Bader Ginsburg’s death in 2020, progressives have desperately attempted to elevate Justice Sotomayor—the most outspokenly progressive justice currently serving on the Court—to the liberal icon status once held by Ginsburg, who was regularly referred to by progressives as “the Notorious RBG.” But given Sotomayor’s comparative lack of progressive credentials (Ginsburg achieved her icon status due in large part to her time as a women’s rights advocate earlier in her career) and the growing impression that she lacks the legal temperament and intellectual prowess of the true titans in Supreme Court history, progressives may push Biden to use this vacancy to appoint a figure that can more reliably be promoted as a left-wing giant in the mold of Ginsburg.
Much of the discussion will now turn to who stands the best chance of replacing Breyer. During his primary campaign, President Joe Biden pledged to fill any Supreme Court vacancy with a woman of color, a campaign promise he will now have a chance to fulfill. As such—in a typical progressive fashion—since news of Breyer’s retirement broke on Wednesday, elected Democrats and other progressives have appealed not to legal background, intellect, or even to judicial philosophy when suggesting a replacement, but have instead characteristically zeroed in on race, sex, and other identity-oriented factors.
Massachusetts Congresswoman Ayanna Pressley tweeted, for example, that “it’s time for a Black woman on the Supreme Court.” Missouri Congresswoman Cori Bush echoed that sentiment, tweeting, “It is past time for a Black woman to be named to the Supreme Court.” Washington Senator Patty Murray agreed: “The Court should reflect the diversity of our country, and it is unacceptable that we have never in our nation’s history had a Black woman sit on the Supreme Court of the United States — I want to change that.”
By comparison, each of President Trump’s three Supreme Court nominees were selected on the basis of weightier considerations like commitment to upholding the Constitution, previously authored legal opinions, and jurisprudential and interpretative methodologies. “I promised to select someone who respects our laws and is representative of our Constitution and who loves our Constitution and someone who will interpret them as written,” Trump said as he nominated Justice Neil Gorsuch to the Court in 2017. “The equal, impartial and constitutional rule of law that we enjoy every day in America is one of the crowning achievements in the history of human civilization,” he said at the swearing-in ceremony for Amy Coney Barrett.
Biden’s promise to nominate someone to the Supreme Court solely based on race and sex, on the other hand, is indicative of a vastly different approach to judicial appointments, in which it goes without saying that liberal justices are supposed to affirm Democrats’ policy preferences almost regardless of the Constitution. Democrats’ ironclad focus on identity politics is hardly a secret, but during a midterm year in which Biden is already experiencing record-low polling numbers and Republicans are expected to take back control of Congress, doubling down on race essentialism and a radical left-wing nominee may only serve to hurt the party’s electoral prospects.
Although the White House has not yet signaled any immediate plan to announce a replacement for Breyer, it is widely speculated that Judge Ketanji Brown Jackson, who has served on the U.S. Court of Appeals for the District of Columbia Circuit since last June, will be on the President’s shortlist. Jackson was confirmed to the appeals court by a 53-44 vote in the Senate, in which all 50 Democrat senators and three Republicans—Susan Collins (R-ME), Lindsey Graham (R-SC), and Lisa Murkowski (R-AK)—voted in favor of her confirmation. She previously clerked for Justice Breyer and is a graduate of Harvard Law School.
However, as Ed Whelan wrote for National Review, Jackson “is not highly regarded as a judge” and “has a striking record of reversals by the D.C. Circuit—including by liberal judges—in her high-profile rulings.” In other words, there are already serious questions about Jackson’s record as a jurist, something that could leave her vulnerable in a tough confirmation battle and might further erode voters’ confidence in Biden’s leadership.
Other names that have been floated as potential replacements for Breyer are Leondra Kruger, an Associate Justice on the Supreme Court of California, and Vice President Kamala Harris. Although Harris appears to be a long shot at this point, and such a pick would be unusual, to say the least, reports of a growing rift between Vice President Harris and President Biden have led to some speculation that Biden could tap Harris for the Supreme Court as a way to simply get her out of the White House and remove a historically unpopular Vice President as his heir-apparent.
But whether Biden ultimately selects Jackson or someone else, based on his track record as president thus far, it is likely that his nominee will excite those on the far left while alienating a large swath of the American people—including Independents, who will be key in deciding which party takes control of Congress next year. As the White House deliberates, it would serve them well to think long and hard about whether they will continue to give deference to woke extremists keen on upending the American way of life. Whichever path they choose, the American people will be watching.
Given that there has been a majority of GOP nominees on the Supreme Court for the past 50 years, it seems unlikely that a liberal majority will emerge on the Court now or anytime soon.
Lets see Joe mess this one up
How about electing the person that is most qualified?? Just look at the VP disaster …. because Sniffy had to have a black woman. Now he or should I say, “they” want to push the same BS to the highest court in the land. Anti-American communists!!
#MAGA
#GodBlessAmerica
#WeMiss45
Why do we look for judges that are li real or conservative? We need to look for judges that believe in the constitution!!
It’s a shame the Supreme Court justices are being so political, both liberal and conservative. They are supposed to rule on the law and constitution as written not as the way they would like it to be!
maybe this could be Biden’s nail in the coffin!
Well, at least he’s not looking at putting Obama there. That’s a relief.
Why is everything the Dems do based on race or gender? They are the idiots that claim to be color blind. It is obvious to anyone with a brain to discern which party is the racist one….
No such thing as a liberal, real definition is tyrannical, my way only, elite royalty. Progressive actually means regressive back to the times of serfdom.SCOTUS must judge cases based on LAW not feelings or the potential societal effect the decision will have. It’s either constitutional or it is not.NO LEGISLATING FROM THE BENCH.
Again, the Marxists in DC are pandering to Black Americans. They shamelessly forced Breyer to retire. This is another ploy to buy votes from a minority and unfortunately, many will fall for it because they still cannot see that the Marxists do not care one iota what happens to them!! They simply use them as pawns to get what they want. I find it disgusting that Biden’s only criteria for filling this spot is that it be a “black woman”. What about qualifications that woud make an appointee a great choice? The current regime is the worst ever and I am praying daily that Conservatives win big in November so we have some clout to deny their march on their way to making us another Communist country.
I believe leftists like Biden have already given a signal that will be a problem for them in committing to a black woman nominee, instead of just nominating a highly qualified jurist. Thus, the nomination will be correctly viewed by middle America as just another highly partisan one and confirm that they are more interested in political power than in governing for the benefit of our citizens.
Why must we narrow down choices to certain races? It has nothing to do with achievements, experience, past positions in the court system! Can we, for once, get past the race issue?
I don’t see any significant downside that the author apparently does, simply because replacing Breyer with a younger, much more leftist Judge, that checks off almost all the identity politics boxes, is about the long-term view not the near-term view. The next 20, 30 or even maybe 40 years. From what I have seen over the decades, the Democrats always take the long view of how to turn a temporary setback into a long-term win by corrupting the system from within. It’s not about influencing cases currently before the Court, but rather in ensuring that the left has a reliable vote for anything coming down the road in the future. As the country becomes more and more polarized and the Democrats and their allies push harder towards obtaining their final goal, the Court becomes more central in determining what is deemed constitutional or not. Just a different perspective from simply focusing on the short-term perspective the author is taking.
As for the notion of the Court currently being a reliable 6 to 3 conservative one, I would hardly call Chief Justice John Roberts either consistent or terribly reliable in defending the Constitution as written. One of two others are also a bit squishy in this area. You can be assured that whomever the Democrats settle on for Breyer’s replacement, she will be a rock-solid ideologue for the left.
THIS IS THE UNITED STATES OF AMERICA. IT ISNT THE UNITED STATES OF AFRICA, WE MUST DO ALL WE CAN TO SAVE OUR SHIP OF LIBERTY.
Scholarly jurisprudence does not for common sense make. Even with all the study of legal precedence and long discussion of all matters at the forefront of our nation; Supreme Court Justices can not find their way out of a public restroom. Years of study and contemplation of all things legal; and they divide their country on important issues. They muddy up the works, congest the free flow of all commerce and business. They never ask themselves; what will be the result of their judgements? They just mutter about; and in many cases are beholden to the political parties which seated them. For years now, matters will keep coming back to them that they did not clarify. They have royally screwed up the medical and the legal system. Right is wrong; wrong is right. Some have freedoms; some do not. With the Supreme Court its: “Mother May I?”
How does it help gaining Congressional power when they would have already placed a Marxist into the Supreme Court?
Again, not judicial temperament, not intellect, not loyalty to our Constitution, but only skin color and gender. This is what the left stands for. So whoever it will be, it will be cheapened but this fact alone. It will be viewed as some only qualified to check the box, regardless of qualifications.
Biden is the biggest idiot that exists with this Liberal Breyer leaving and now he wants a radical BLACK female// with this decision to nominate a Black female he has lost Black MEN//WHITE MEN//WHITE WOMEN//ASIAN MEN//ASIAM WOMEN//LATINO MEN//LATION WOMEN//and every brilliant lawyer of other races other than BLACK WOMEN//This in itself is a RACIST Problem in big bold letters and BIDEN is as RACIST as it gets and hates the BLACK RACE more than TRUMP and wants to put them back in chains//This is a comment he made just a short time ago and his buddy BYRD was a KU KLUX CLANSMEN.. WAKE up AMERICA and rid the world of this slime ball///
Giving fiden a SCOTUS nomination is merely another opportunity for the fool to phuque something else up. One more of a growing list of failures. But who’s counting?
Fjb
Let’s Go Brandon
Buck fiden
Have a lovely day
It doesn’t alter the balance so what’s the big deal. Although pre-conditions about who the nominee will be are a bit asinine. Someone yesterday says how should they be chosen. For some reason, I couldn’t get back to that site tell her. It’s no wonder Biden is president with people like that voting. I saw something the other day that said it is hard to win an argument with a smart person but damned near impossible with a stupid one.
No matter who 0’Biden selects, it will open a huge partisan and independent s explosion of divisive politics,,, especially if kameltoe is tapped. The dumbocrats are in a lose lose deal here, so get ready for more hyperbolic spewing by the MSM aka lame stream media to help the dolt make his selection!
The resident house plant in the White House is going to nominate Kamala. It “promotes” her so that Joey doesn’t have to kick the black woman to the curb. Then Joey moves Hillary in as VP so that he can resign on January 21st, 2023. There you have my opinion.
Don’t anybody be fooled. What this administration wants is nothing more than a servant girl, using liberal ideology. They want someone they can lead by the nose, and they are putting skin color on it. They know no shame.
If the Republicans do not play this right, it could destroy our chances of retaking the house and/or senate. No matter who Biden nominates, it will be replacing a liberal with a liberal … nothing to fight about. Biden said he will nominate a black woman and no matter who that is, if the Republicans treat her badly, too harshly, that will give the democrats all they need to take votes away from Republicans accusing them of misogyny and racism. They should just hold their nose and vote for her unless she’s obviously communist at which time, maybe Machin and Sinema will come through again.
Wouldn’t it be nice if he looked for the most qualified regardless of race or gender?
Don’t overlook Sleepy Joe picking a female Obamboozle!
The 6 to 3 conservative majority isn’t exactly so, it more often is like 5 to 4 or flips in the other direction. Justice Roberts is a joker in the deck.
Racist. Why not elect a really qualified, constitutional attorney with history of upholding it for what it is and says. Why is the major criteria one of color? The liberals are so hypocritical at times.
BE ASSURED, A CANCEROUS, ANTI-AMERICAN, LYING, CHEATING AND ANTI-CONSTITUTIONAL, lib WILL BE INSTALLED TO FURTHER AND QUICKER DESTROY OUR ONCE GREAT NATION. ONLY ONE WAY TO STOP them AND IT;S NOT WITH ELECTIONS ….
It is a sad statement on the mentality of both the so called leadership of this nation and the equally ineffectual intellectuality of their constituents, that the only requirements for Breyers replacement will be that they be a Nigerian and female. No intellectual or judicial understanding. No adherence to the constitution. Simply be a rubber stamp for the liberals. Which the first name for the nomination sounds perfect. An airheaded blond in disguise. No common sense, about, maybe, to be elevated far, far above her level of competency. A true post turtle. And from what I have read and understand, this will be true for any nominee of this administration. Sadly the one body supposed to be the watchdogs, will stand in line to perpetrate a literally illegal act of subversion of the constitution in the name of the party, ignoring their duty to their constituents, their state, their country and the constitution.
“Following the election of Joe Biden in 2020,”…
Following the FRADULENT election of Joe Biden in 2020,…
There, fixed it for ya.
It is the President’s prerogative to nominate who he wishes. It’s the senate’s job to find if the nominee is qualified or not. If the Republicans cannot find a huge fault with the nominee then they should not make fools of themselves as the Democrats did with the nominations of Kavanaugh and Barrett. It is too close to the midterm elections allowing the media to blow every comment out of proportion and damage the Republican’s chances.
I thought it was against the law to use sex,race or religion as a determining factor in hiring. I guess the law doesn’t apply to communist demtards.
Obviously some of our youth in this new generation of ‘vipers’ were in tuned to moral ethics which is a God given virtue.
If there are enough of them, we have some hope in our short future. As we have witnessed, those who have managed to do the unimaginable in the eyes of an honorable person; to manipulate, cheat, threaten and degrade their fellow countrymen, for the sheer quest for control, affluence and power! This newer generation has been manipulated and brainwashed by Communistic ideologues! They have no scruples or Conservative moral values and haven’t learned America’s true history. They’ve been taught America’s history is racist and bigoted. In fact, the Left has delivered us a generation of stupid people, just the way they like them. The Left will never stop trying to disembowel this country. Threatening and pushing a Justice to retire, is just part of their plans to continue to INSTALL who they want, not who qualifies, so they’ll have their slave on the Bench to lead around to their wicked way of doing things.
And to the writer of this article, these demons making decisions for the rest of us, were not honestly elected to their positions, they were appointed and installed!! You forget Nancy Pelosi’s words before the entire world before the 2020 election;
“NO MATTER WHAT, JOE BIDEN WILL BE SWORN IN AS PRESIDENT OF THE UNITED STATES ON JANUARY 20TH, 2021.”
God help us all!!
Just wait until the Mid-Term Elections, I suspect the Republicans will take over the House and Senate as the U.S. A. Voting Population, I think will have its SAY during the MId-Term Elections
I guarantee that whoever he nominates will swear she will be faithful to the principles of the Constitution in the execution of her duties at all times. After that she will forget all about it and vote however the progressive crowd wants at that moment.
I would refuse any job that hired me for skin pigmentation.
As usual, the Democrats have tipped their hand of shallow disingenuous guiding principles. It is truly demeaning to “announce” in advance that their next USSC nomination will be based (exclusively) upon skin pigmentation and gender rather than qualifications and constitutional acumen. In other words, the nominee could be a “death to America”, blathering radical, as long as her skin was “colored” and she alleges to be female under the latest radical left guidelines.
I tremble that such lunacy is seriously discussed as a legitimate topic of consideration. Wake up media and GOP career enablers before you drown in your own ignorance and apathy…….
What’s new? . . . Businesses HAVE BEEN FORCED to “hire” people of color at least from my personal experience since 1978! Only in Professional Sports have Blacks truly earned their positions. There’s NO AFFIRMATIVE ACTION required in Sports!
Stop the politics in the Supreme Court. They are only to follow the constitution and this black and white stuff has to stop too. Biden should choose someone who lives by the constitution and not the color of their skin. What GARBAGE goes on in this USA now. STOP IT, STOP IT, STOP IT!!!!!
The Senate needs to “Bork” all of Biden’s nominees until a new Congress is seated.
Senators….pull the democrat process and Bork any nominee. They, if they get the seat, ‘Scalia’ them.
No more Communists in our justice system!
Some need to remember that these political hacks serve at OUR pleasure. Read the Constitution. If they fail to follow our Law, remove them. Or we will.
Biden is both racist and sexist if this is his only requirements for a Chief Justice.
We can absolutely count on Biden and the Democrats botching up the pick for a Supreme Court justice. What remains uncertain is what the RINOS will do.
Here is another example of how Democrats use a “checklist” to pick their candidates. They did it with Kamala Harris and they’re going to do it again here. Black, female, radical far-left … that should do it. Qualified to do the job? Not a checkbook, therefore doesn’t matter.
Given that there has been a majority of GOP nominees on the Supreme Court for the past 50 years, it seems unlikely that a liberal majority will emerge on the Court now or anytime soon.
Lets see Joe mess this one up
How about electing the person that is most qualified?? Just look at the VP disaster …. because Sniffy had to have a black woman. Now he or should I say, “they” want to push the same BS to the highest court in the land. Anti-American communists!!
#MAGA
#GodBlessAmerica
#WeMiss45
Why do we look for judges that are li real or conservative? We need to look for judges that believe in the constitution!!