According to the Washington Post website reported on January 26, according to insiders, U.S. Supreme Court Justice Stephen Breyer will retire at the end of his current term, giving President Biden the opportunity to strengthen the strength of the minority liberal judges on the Supreme Court and fulfill his campaign promise to appoint the first black female justice, thus making history.
Breyer, 83, is the oldest incumbent justice on the Supreme Court. The justice's nomination must be confirmed by the Senate, who has been under unprecedented retirement pressure with Democrats having only a weak control over the Senate. His term ended at the end of June.
Biden's chosen successor will not change the conservatives' 6-3 supermajority on the Supreme Court: Breyer is one of only three liberal justices. But that would give Biden a chance to make his nominee more favored when it comes to Senate deliberations, and mean that the other two existing liberal justices on the Supreme Court — Sonia Sotomayor, 67 and Elena Kagan, 61 — will have a young colleague.
Biden's promise to nominate black women for justice is unprecedented. So far, there have been 2 black men and 5 women among the justices – including 3 current female justices.
According to the report, Biden is likely to spread a big net to find a replacement. There are few black women in the group of judges in the federal court of appeals, and Supreme Court justices have traditionally been selected from this group.
People familiar with Breyer's plan say Breyer may leave office after his successor has been approved by the Senate.
Biden remained silent as the list of possible successors surfaced. He told reporters at the White House: "Justice Breyer has not made any announcements. Let him make whatever he wants to make first. I'll be happy to talk about it later. ”
Breyer's departure decision will provide Biden with a historic opportunity, but could also spark a major contest. Democrats control just half of the 100 seats in the Senate, while Vice President Harris holds the key to upsetting the balance.
In the previous republican control of the White House and the Senate, the results of the recent election approval process have largely been drawn by the party. This has partly led Breyer to be pressured by liberal radical groups and certain Democratic senators to retire immediately.
Former Justice Ruth Bud Ginsburg refused to retire during Obama's presidency, believing trump would not be elected and Democrats paid the price. After her death in office in September 2020, Trump and Senate Republicans forced the appointment of Amy Connie Barrett a few days before Election Day, at a time when voters had begun to vote for Trump's defeat.
According to the Associated Press Washington reported on January 27, many sources said Wednesday that long-serving liberal Justice Breyer is retiring, which gives President Biden the opportunity to nominate a Supreme Court justice for the first time.
Breyer's retirement will give Biden the opportunity to nominate and win approval a successor ahead of this fall's midterm elections, and Republicans could retake the Senate in the midterm elections and block future nominees.
Democrats on the defensive in the past three Supreme Court justice fills plan to move quickly to replace Breyer, and they will use Barrett's rapid approval in 2020 as a new criterion.
In 2020, a month after Trump nominated Barrett to succeed Ginsburg, she was approved, just five weeks after Ginsburg's death.
Democrats severely criticized the progress at the time, saying Republicans forced it out of fear that Trump would not be re-elected.
But now, Democrats, who control both the White House and the Senate, want to make the same rapid progress, even if Breyer won't officially retire until the summer.
Senate Majority Leader Chuck Schumer and Democratic chairman of the Senate Judiciary Committee Dick Durbin made it clear in their statements that once President Biden makes his choice, they will act quickly.
Schumer said the nominee would be "considered and confirmed by all senators at the most prudent pace." Durbin said he expected the Judiciary Committee to move forward "quickly" with the nomination.
Biden's aides and allies say the White House could take weeks to decide on the nominee. Republicans don't seem to oppose Biden's nominee.
Breyer's departure will make conservative Justice Clarence Thomas the oldest member of the Supreme Court, who will turn 74 in June.
Source: Reference News Network