AMAC Exclusive – By Seamus Brennan
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.
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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.
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.
Biden is both racist and sexist if this is his only requirements for a Chief Justice.
You are spot on. Joe has the winning smile of a crocodile. He is the exact opposite of what he presents as as a person and as a politician. He has a crack head, sex addicted son who pays all his bills. He uses the deaths of his wife and daughter as a tool to gain sympathy. He is a racist, a sexist, a liar and a bully. I do not think there is one credible word or scintilla of praise that can be given to Joe Biden. He is the worst president in the history of the world. He is incomparable in his lack of character and devoid of any leadership ability. Frankly, it is the people backstage who are really running our country.
Hear this new mantra! – “It’s Time!”
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.
The Senate needs to “Bork” all of Biden’s nominees until a new Congress is seated.
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!!!!!
Karen, Biden is too stupid. Nominating “tokens” to the Supreme Court. The Senate needs to “Bork” all of Biden’s nominees until a new Congress is seated.
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!
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…….
I would refuse any job that hired me for skin pigmentation.
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.
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
Yes, If we have an accurate and honest election. I think the dictators would like to keep the virus going to legitimize millions of mail in and drop box ballots so they can manipulate the numbers.
IF we even have an election.
Regardless of the mid-term outcome, the Beltway bi-partisan cartel will survive. The allegiance of career politicians in both parties is primarily to protect the system that rewards them with continuity, power and wealth, but only if they “play ball”. As President Trump discovered, those statesmen/women who happen to navigate through the cartel’s election filters will pay dearly for any non-compliance and revelation of the system’s unwritten code of silence and complicity. America’s so-called political system is corrupt, broken and firmly in the grasp of a financial, political and deep state “hidden hand”. The electronic and social media addictions of the younger generations has only tightened their control of “useful idiots” in the media and academia….
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!!
“[T]hey’ll have their slave on the Bench…” Really ?
That makes me want to whistle Dixie.
But we’re not going back to 1860 or even 1960. No matter how good that you think those good old days were, those days were only good as long as certain people knew their place. Time to join the 21st century because the 19th and 20th centuries aren’t coming back.
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.
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.
And it’s our prerogative to be entertained. After all, who doesn’t want to see how many clowns will pop out of the clown car ?
(Remember the Clarence Thomas hearings featuring Joe Biden as Ringmaster ? A prime example of the theater of the absurd.)
You’re not being taken seriously.
“Following the election of Joe Biden in 2020,”…
Following the FRADULENT election of Joe Biden in 2020,…
There, fixed it for ya.
I believe the word you are looking for is FLATULENT.
Now, let me fix it for you:)
“following the installation of Joe Biden in 2020”
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.
Kenneth : Remember our last one was chosen because she was a “wise Latina.” Of course she is ignorant of the facts of cases before SCOTUS. DIMMs have to fill their “slots” to show their wokeness.
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 ….
So much what I have been saying! A measly midterm election is NOT going to destroy the wicked malignancy that has infiltrated and already extinguished what was the United States of America. Almost all that we were is GONE! But we CAN stop the aggressive infiltration of this contamination. It is a disease that cannot be cured with a bit of oral med treatment (the midterms). Radical surgery is required…the ONE WAY to excise the contaminant.
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.
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.
Yes, but a “joker” who definitely is NOT funny. He likes good publicity and the wine-and-cheese circuit in D.C.
Roberts is likely compromised by his rumored association with Epstein, who was involved in the adoption of his children.
Don’t overlook Sleepy Joe picking a female Obamboozle!