Author Topic: Report: Stephen Breyer to retire from Supreme Court  (Read 1391 times)

0 Members and 1 Guest are viewing this topic.

Report: Stephen Breyer to retire from Supreme Court
« on: January 26, 2022, 01:18:20 PM »

Online Roy H.

  • Forums Manager
  • James Naismith
  • *********************************
  • Posts: 49894
  • Tommy Points: -26124
  • Once A CrotoNat, Always A CrotoNat
Presumably thatís because he doesnít want to face a Republican Senate during his confirmation hearings.  Thatís probably overblown, though, unless Biden is going to appoint an extremist.  Any mainstream nominee will get at bare minimum three to five Republican votes, and probably more.


I'M THE SILVERBACK GORILLA IN THIS MOTHERóóó AND DON'T NONE OF YA'LL EVER FORGET IT!@ 34 minutes

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #1 on: January 26, 2022, 01:49:38 PM »

Offline Celtics2021

  • Ray Allen
  • ***
  • Posts: 3527
  • Tommy Points: 323
I donít know what you mean by that being overblown.  There is zero evidence that McConnell would even bring a nominee to vote if heís majority leader again.  It worked for him last time.

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #2 on: January 26, 2022, 02:02:25 PM »

Offline jambr380

  • Frank Ramsey
  • ************
  • Posts: 12262
  • Tommy Points: 1618
  • Everybody knows what's best for you
It will be cool to see if the Rs can push this off 3 years instead of just the 1 they did with Obama/Garland. But at least the Rs were able to push through their choice with like a month to spare.

Good choice by Breyer - and honestly what RBG should have done. Sucks that we live in such a partisan world that we need to think about these things, but when Trump gets 3 justices in 4 years - including the most hypocritical decision I have seen in my lifetime - you really can't leave this to chance.

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #3 on: January 26, 2022, 02:15:58 PM »

Offline seancally

  • Bill Walton
  • *
  • Posts: 1013
  • Tommy Points: 116
Could do away with this retirement bonanza altogether by limiting how long justices can serve on the bench.
"The game honors toughness." - President Stevens

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #4 on: January 26, 2022, 02:25:34 PM »

Offline gift

  • NCE
  • Ray Allen
  • ***
  • Posts: 3930
  • Tommy Points: 281
Could do away with this retirement bonanza altogether by limiting how long justices can serve on the bench.

Yes. I've said before that every justice has a term limit, it's just undetermined and sometimes unpredictable. Why not make it more predictable?

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #5 on: January 26, 2022, 02:29:27 PM »

Offline Rondo9

  • Rajon Rondo
  • *****
  • Posts: 5184
  • Tommy Points: 266
It will be cool to see if the Rs can push this off 3 years instead of just the 1 they did with Obama/Garland. But at least the Rs were able to push through their choice with like a month to spare.

Good choice by Breyer - and honestly what RBG should have done. Sucks that we live in such a partisan world that we need to think about these things, but when Trump gets 3 justices in 4 years - including the most hypocritical decision I have seen in my lifetime - you really can't leave this to chance.

It's politics, hypocrisy is synonymous with the word. ;)

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #6 on: January 26, 2022, 03:19:33 PM »

Offline blink

  • Cedric Maxwell
  • **************
  • Posts: 14698
  • Tommy Points: 1138
Could do away with this retirement bonanza altogether by limiting how long justices can serve on the bench.

+1

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #7 on: January 26, 2022, 04:24:01 PM »

Online Roy H.

  • Forums Manager
  • James Naismith
  • *********************************
  • Posts: 49894
  • Tommy Points: -26124
  • Once A CrotoNat, Always A CrotoNat
I donít know what you mean by that being overblown.  There is zero evidence that McConnell would even bring a nominee to vote if heís majority leader again.  It worked for him last time.

I don't think he would.  He'd be replacing a liberal with another liberal, keeping it at a 5-3-1 split.  At some point, these precedents catch up with a Party.  A day will come (2024 or 2026?) when we have a Republican president and a Democrat Senate.


I'M THE SILVERBACK GORILLA IN THIS MOTHERóóó AND DON'T NONE OF YA'LL EVER FORGET IT!@ 34 minutes

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #8 on: January 26, 2022, 04:29:09 PM »

Offline Celtics2021

  • Ray Allen
  • ***
  • Posts: 3527
  • Tommy Points: 323
I donít know what you mean by that being overblown.  There is zero evidence that McConnell would even bring a nominee to vote if heís majority leader again.  It worked for him last time.

I don't think he would.  He'd be replacing a liberal with another liberal, keeping it at a 5-3-1 split.  At some point, these precedents catch up with a Party.  A day will come (2024 or 2026?) when we have a Republican president and a Democrat Senate.

Heís already said that he would.

https://www.foxnews.com/politics/mcconnell-block-biden-supreme-court-nominee-2024-gop-controls-senate

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #9 on: January 26, 2022, 04:34:05 PM »

Online Roy H.

  • Forums Manager
  • James Naismith
  • *********************************
  • Posts: 49894
  • Tommy Points: -26124
  • Once A CrotoNat, Always A CrotoNat
I donít know what you mean by that being overblown.  There is zero evidence that McConnell would even bring a nominee to vote if heís majority leader again.  It worked for him last time.

I don't think he would.  He'd be replacing a liberal with another liberal, keeping it at a 5-3-1 split.  At some point, these precedents catch up with a Party.  A day will come (2024 or 2026?) when we have a Republican president and a Democrat Senate.

Heís already said that he would.

https://www.foxnews.com/politics/mcconnell-block-biden-supreme-court-nominee-2024-gop-controls-senate

Well, that's in 2024.  McConnell can at least stand by his "no confirmation in an election year if the President is of the opposite party" standard.

I think that's a lot harder to do if McConnell's majority wanted to run out the clock from January 2023 until January 2025.


I'M THE SILVERBACK GORILLA IN THIS MOTHERóóó AND DON'T NONE OF YA'LL EVER FORGET IT!@ 34 minutes

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #10 on: January 26, 2022, 04:38:57 PM »

Offline Celtics2021

  • Ray Allen
  • ***
  • Posts: 3527
  • Tommy Points: 323
I donít know what you mean by that being overblown.  There is zero evidence that McConnell would even bring a nominee to vote if heís majority leader again.  It worked for him last time.

I don't think he would.  He'd be replacing a liberal with another liberal, keeping it at a 5-3-1 split.  At some point, these precedents catch up with a Party.  A day will come (2024 or 2026?) when we have a Republican president and a Democrat Senate.

Heís already said that he would.

https://www.foxnews.com/politics/mcconnell-block-biden-supreme-court-nominee-2024-gop-controls-senate

Well, that's in 2024.  McConnell can at least stand by his "no confirmation in an election year if the President is of the opposite party" standard.

I think that's a lot harder to do if McConnell's majority wanted to run out the clock from January 2023 until January 2025.

I donít think it would be difficult for McConnell at all.  He both stalled confirmation for 9 months in 2016 and got one through in weeks, despite a pandemic requiring senators to quarantine, in 2020.  If he could get the Court to 9-0, Iím quite sure he would.

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #11 on: January 26, 2022, 05:11:43 PM »

Offline Moranis

  • John Havlicek
  • ****************************
  • Posts: 28691
  • Tommy Points: 1353
If you really want to depoliticize it the easiest way is to make them 18 year teams where 1 term expires ever odd numbered year.  That way every President gets 2 or 4 nominees to the Court.  If someone dies mid-term, then that person is replaced for the rest of the term by the then current President.  If the remaining term is more than 5 years, that person can't get re-nominated, if it is less than 5, then the then current President can re-nominate if they wish or pick someone else.  So no one will serve more than 23 years.  Since both parties know this happens, the rush to get younger and more radical, and play games with nominations won't be nearly as likely to happen, since every 2 years a seat will open.
2021 Historical Draft - 5th Pick - Raptors
PG - Tiny Archibald 73, Don Buse 77, Terrell Brandon 96
SG - Chet Walker 67, Michael Cooper 87, Raja Bell 06
SF - Predrag "Peja" Stojakovic 04, Kiki Vandeweghe 87, Robert Covington 18
PF - Karl Malone 97, Spencer Haywood 73, David West 08
C - Ben Wallace 04, George Mikan 50, Al Jefferson 08

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #12 on: January 26, 2022, 06:05:21 PM »

Online Neurotic Guy

  • Bill Sharman
  • *******************
  • Posts: 19800
  • Tommy Points: 2143
I donít know what you mean by that being overblown.  There is zero evidence that McConnell would even bring a nominee to vote if heís majority leader again.  It worked for him last time.

I don't think he would.  He'd be replacing a liberal with another liberal, keeping it at a 5-3-1 split.  At some point, these precedents catch up with a Party.  A day will come (2024 or 2026?) when we have a Republican president and a Democrat Senate.

Heís already said that he would.

https://www.foxnews.com/politics/mcconnell-block-biden-supreme-court-nominee-2024-gop-controls-senate

Well, that's in 2024.  McConnell can at least stand by his "no confirmation in an election year if the President is of the opposite party" standard.

I think that's a lot harder to do if McConnell's majority wanted to run out the clock from January 2023 until January 2025.

I donít think it would be difficult for McConnell at all.  He both stalled confirmation for 9 months in 2016 and got one through in weeks, despite a pandemic requiring senators to quarantine, in 2020.  If he could get the Court to 9-0, Iím quite sure he would.

He is undeniably unscrupulous and that has made him the most consequential politician of the 21st century (Trump's impact on democracy and tribal division notwithstanding).  McConnell has done his job brilliantly if not at times shamelessly.  For that, social conservatives are likely elated at the prospect of Mitch doing it again.   No doubt that you are correct C2021, McConnell doesn't have a bone in his body that would cause him to think that there is a problem that SCOTUS massively overrepresents the social ideology of a segment of Americans. 

The Supreme Court was not supposed to be this political, not that politics has never played a role, but all we need to do is look at the Senate votes for justices to see how it's only recently become the norm for opposition parties to unite against a nominee.  Taking out Borke, Thomas, and Kavanaugh who were controversial, Kagan had 63 votes, Roberts had 78 votes, Sotomayor had 68.  Moving back, Breyer had 87, Ginsberg 96, Souter 90, Kennedy 97 (unanimous), Scalia 98 (unanimous), O'Connor 99 (unanimous), Stevens 98 (unanimous).     Back in the middle of the 1900's they'd confirm Justices by voice vote!

Unfortunately, McConnell doesn't care about making this political and the way we are today, Dems will only retaliate if they get the chance.  This is who we are now.

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #13 on: January 26, 2022, 06:18:14 PM »

Online Neurotic Guy

  • Bill Sharman
  • *******************
  • Posts: 19800
  • Tommy Points: 2143
On another topic related to Breyer's replacement, Biden has indicated that he will nominate a Black woman.  I know many here will object to that type of "litmus test" based on race/gender but I am OK with it.  That said, I think it's unnecessary and not smart for Biden to say it.  He could easily say that he is exploring a number of highly qualified candidates, and then choose a Black woman.

Re: Report: Stephen Breyer to retire from Supreme Court
« Reply #14 on: January 26, 2022, 06:22:37 PM »

Offline Celtics2021

  • Ray Allen
  • ***
  • Posts: 3527
  • Tommy Points: 323
On another topic related to Breyer's replacement, Biden has indicated that he will nominate a Black woman.  I know many here will object to that type of "litmus test" based on race/gender but I am OK with it.  That said, I think it's unnecessary and not smart for Biden to say it.  He could easily say that he is exploring a number of highly qualified candidates, and then choose a Black woman.

He said it on the campaign trail trying to get endorsements in a tight race with Bernie.  It worked for him, he got some major endorsements to pull out South Carolina and ultimately the nomination and Presidency.  He'll lose a lot of political capital if he doesn't follow through.