Should Stephen Breyer retire now from SCOTUS (1 Viewer)

Users who are viewing this thread

    GrandAdmiral

    Well-known member
    Joined
    Nov 20, 2019
    Messages
    3,215
    Reaction score
    4,338
    Location
    Center of the Universe
    Offline
    Breyer is currently in his early 80s and calls are coming in for him to step down while Dems have both the Senate and the White House. Obviously, they don't want Merrick Garland 2.0.

    So, should he call it quits now?
     
    I think House and Senate Reps would try every imaginative, legal or political PR strategy to muddy the waters or turn public opinion against any prospective Biden-appointed SCOTUS federal judge to replace Stephen Breyer if he were to retire. This isn't 2016 per say where GOP has the political clout and the idealogical zeal and obstructionist tactics to delay and (ultimately prevent) Merrick Garland from getting a SCOTUS appointment hearing. They controlled the Senate and House then, after all. What they can do is if Biden nominates a liberal federal judge, someone's who's avowedly pro-choice, anti-death penalty, they'll dig up convenient, potentially explosive divisive statements he/she has made in the past or connections to "radical" far-left groups that will be exagerrated, distorted, and trampled upon.

    In essence, a very well-planned, choreographed tentative, overly politicized, character assassination that will be constructed to win over a majority of Americans, maybe woo or convince a few moderate Dems like Manchin voting for Biden's new nominee isn't worth losing newly-gained political clout he's enjoying. Then, they'll use whoever Biden's new SCOTUS nominee process as a midterm campaign "hot-button" issue to run new candidates to win back at least House in 2022.

    There's a consensus, maybe not an overwhelmingly majority, but a large portion of political pundits, observers, insiders who's articles Ive read or sort of followed their discussions on Politico, Daily Beast, there's an assumption privately among Dems on the Hill that they realize they probably will lose control of the House or Senate and their trying to push as much favorable legislation that fits as much as their party's platforms as possible until 2022 midterms.
     
    I think House and Senate Reps would try every imaginative, legal or political PR strategy to muddy the waters or turn public opinion against any prospective Biden-appointed SCOTUS federal judge to replace Stephen Breyer if he were to retire. This isn't 2016 per say where GOP has the political clout and the idealogical zeal and obstructionist tactics to delay and (ultimately prevent) Merrick Garland from getting a SCOTUS appointment hearing. They controlled the Senate and House then, after all. What they can do is if Biden nominates a liberal federal judge, someone's who's avowedly pro-choice, anti-death penalty, they'll dig up convenient, potentially explosive divisive statements he/she has made in the past or connections to "radical" far-left groups that will be exagerrated, distorted, and trampled upon.

    In essence, a very well-planned, choreographed tentative, overly politicized, character assassination that will be constructed to win over a majority of Americans, maybe woo or convince a few moderate Dems like Manchin voting for Biden's new nominee isn't worth losing newly-gained political clout he's enjoying. Then, they'll use whoever Biden's new SCOTUS nominee process as a midterm campaign "hot-button" issue to run new candidates to win back at least House in 2022.

    There's a consensus, maybe not an overwhelmingly majority, but a large portion of political pundits, observers, insiders who's articles Ive read or sort of followed their discussions on Politico, Daily Beast, there's an assumption privately among Dems on the Hill that they realize they probably will lose control of the House or Senate and their trying to push as much favorable legislation that fits as much as their party's platforms as possible until 2022 midterms.
    I hear ya, but ACB got confirmed with a R majority and more explosiveness and controversial views than anyone Biden would even dare attempt to appoint.
     
    there's an assumption privately among Dems on the Hill that they realize they probably will lose control of the House or Senate and their trying to push as much favorable legislation that fits as much as their party's platforms as possible until 2022 midterms.
    :hahar::hahar::hahar:
     
    I think House and Senate Reps would try every imaginative, legal or political PR strategy to muddy the waters or turn public opinion against any prospective Biden-appointed SCOTUS federal judge to replace Stephen Breyer if he were to retire. This isn't 2016 per say where GOP has the political clout and the idealogical zeal and obstructionist tactics to delay and (ultimately prevent) Merrick Garland from getting a SCOTUS appointment hearing. They controlled the Senate and House then, after all. What they can do is if Biden nominates a liberal federal judge, someone's who's avowedly pro-choice, anti-death penalty, they'll dig up convenient, potentially explosive divisive statements he/she has made in the past or connections to "radical" far-left groups that will be exagerrated, distorted, and trampled upon.

    In essence, a very well-planned, choreographed tentative, overly politicized, character assassination that will be constructed to win over a majority of Americans, maybe woo or convince a few moderate Dems like Manchin voting for Biden's new nominee isn't worth losing newly-gained political clout he's enjoying. Then, they'll use whoever Biden's new SCOTUS nominee process as a midterm campaign "hot-button" issue to run new candidates to win back at least House in 2022.

    There's a consensus, maybe not an overwhelmingly majority, but a large portion of political pundits, observers, insiders who's articles Ive read or sort of followed their discussions on Politico, Daily Beast, there's an assumption privately among Dems on the Hill that they realize they probably will lose control of the House or Senate and their trying to push as much favorable legislation that fits as much as their party's platforms as possible until 2022 midterms.

    That will happen regardless of who Biden nominates. I don't think it will really effect the nomination. Manchin will vote for the nominee.

    Also, Dems can expand their Senate control in 2022 midterms.
     
    I think Biden would go for a more center-left nominee anyway. I have nothing to back that up, just gut feeling.
    All the appointees should be more centrist though, imo
     
    I hear ya, but ACB got confirmed with a R majority and more explosiveness and controversial views than anyone Biden would even dare attempt to appoint.
    Put it this way, of the two major Obama-era IIRC, SCOTUS nominees that got a lengthy, public media engagement and a heated, contentious nomination process-Sonia Sontamayor and Elena Kagen, Kagen might’ve been the only one of those two SCOTUS nominees who might’ve been confirmed if GOP controlled the House and Senate throughout the entirety of Obama’s presidency, and even I’m not sure that’s plausible.

    ACB was mild in his political and legal-judicial philosophy than Robert Bork was and considering the extreme, contentious judicial legal battle that occurred 34-35 years ago, that’s saying something.
     
    Put it this way, of the two major Obama-era IIRC, SCOTUS nominees that got a lengthy, public media engagement and a heated, contentious nomination process-Sonia Sontamayor and Elena Kagen, Kagen might’ve been the only one of those two SCOTUS nominees who might’ve been confirmed if GOP controlled the House and Senate throughout the entirety of Obama’s presidency, and even I’m not sure that’s plausible.

    ACB was mild in his political and legal-judicial philosophy than Robert Bork was and considering the extreme, contentious judicial legal battle that occurred 34-35 years ago, that’s saying something.
    That was before my time but I have read some about it. I just think that Biden is moderate enough, and having been in the Senate for so long, that he knows exactly the type of person who to appoint to get confirmation.
     
    That was before my time but I have read some about it. I just think that Biden is moderate enough, and having been in the Senate for so long, that he knows exactly the type of person who to appoint to get confirmation.
    Exactly, he's a lot more politically savvy, intelligent, and maybe most importantly, sensible enough to know what right now, what sort of political agenda or policies his administration can get passed realistically, especially when it comes to considering any and all potential political pitfalls, possible or plausible reactions from X, Y, Z, or W _____ Republican senators, responses from special interest groups, pro or con, against any prospective SCOTUS nominee he might nominate and he probably will be nominating someone to replace Breyer by the time his first term is over, maybe even in the next year or two.

    I know a large majority of MAP posters like Obama(and for good reason), he was a successful president and I personally liked and respected him as a person far more then Bill Clinton. But Biden is far more of a political realist and pragmatist then Obama was and he won't waste unnecessary political capital or hard-won opportunities by making unwise political calculations. He spent a lifetime in the Senate and he knows its idiosyncrasies, quirks, innate conflicts and contradictions far better than Obama was capable of realizing or understanding. Especially given how nasty, mean and cutthroat those institutions on Capital Hill can be.
     
    Exactly, he's a lot more politically savvy, intelligent, and maybe most importantly, sensible enough to know what right now, what sort of political agenda or policies his administration can get passed realistically, especially when it comes to considering any and all potential political pitfalls, possible or plausible reactions from X, Y, Z, or W _____ Republican senators, responses from special interest groups, pro or con, against any prospective SCOTUS nominee he might nominate and he probably will be nominating someone to replace Breyer by the time his first term is over, maybe even in the next year or two.

    I know a large majority of MAP posters like Obama(and for good reason), he was a successful president and I personally liked and respected him as a person far more then Bill Clinton. But Biden is far more of a political realist and pragmatist then Obama was and he won't waste unnecessary political capital or hard-won opportunities by making unwise political calculations. He spent a lifetime in the Senate and he knows its idiosyncrasies, quirks, innate conflicts and contradictions far better than Obama was capable of realizing or understanding. Especially given how nasty, mean and cutthroat those institutions on Capital Hill can be.
    I will only disagree in that I think in the current environment, those idiosyncrasies he was used to is no where different from his time in the Senate. Hell, it's different since he was in the Obama administration thanks to Trump.
     
    ACB was mild in his political and legal-judicial philosophy than Robert Bork was and considering the extreme, contentious judicial legal battle that occurred 34-35 years ago, that’s saying something.
    Did you mean “her” or are you referring to someone else not ACB?

    Bork should have never been nominated. It was political payback for his illegal actions taken to try to save Nixon in the Saturday Night Massacre. That alone should have kept him out of consideration, but yet Reagan nominated him anyway. He shouldn’t have gotten one vote for confirmation much less the 40-something he did.
     
    As to Breyer... he should think about retiring certainly, but only if replaced with a capital L Liberal.

    I know a lot of people base this off RGB not retiring before Obama left office but she was still in good health and is one of the most brilliant minds to ever serve on the court. Plus, there’s no guarantee that the Senate wouldn’t have stonewalled a replacement for her exactly the same as they did for Scalia’s replacement.
     
    As to Breyer... he should think about retiring certainly, but only if replaced with a capital L Liberal.

    I know a lot of people base this off RGB not retiring before Obama left office but she was still in good health and is one of the most brilliant minds to ever serve on the court. Plus, there’s no guarantee that the Senate wouldn’t have stonewalled a replacement for her exactly the same as they did for Scalia’s replacement.

    If he waits and we end up with a Republican House/Senate/White House by 2024 (coin flip odds if we're lucky) then he dies we're going to see a 7-2 conservative majority in the SCOTUS. And you can be damn sure Thomas and Alito will take that as their cue to retire. We'll end up with seven conservative judges 65 or younger and every liberal policy will go there to die for the next 25 years.
     

    Create an account or login to comment

    You must be a member in order to leave a comment

    Create account

    Create an account on our community. It's easy!

    Log in

    Already have an account? Log in here.

    Advertisement

    General News Feed

    Fact Checkers News Feed

    Sponsored

    Back
    Top Bottom