The Supreme Court is the one power center in American life that Democrats do not control.
That burns many on the left.
And this Supreme Court Justice hit Democrats with a decision they are not going to like.
Democrats in the activist class and elected officials all want liberal Supreme Court Justice Stephen Breyer to step down while Chuck Schumer is Senate Majority Leader and can control the nomination process.
But so far Breyer resisted those calls.
In an interview on CNN, Breyer admitted he heard those calls and they did weigh on him.
“I don’t live on Pluto, which means I do stay, I think, aware of what happens in the country the best I can,” Breyer told CNN.
“I don’t want to die there in office, there are a lot of considerations,” Breer added.
Democrats controlling the White House and the Senate are surely two of the considerations Breyer referenced.
But other “considerations” Breyer has in mind may have to do with the upcoming court term.
This fall and early winter, the Supreme Court will hear arguments on a case that could expand the scope of Second Amendment rights as well as the state of Mississippi’s ban on abortion after 15 weeks.
The Supreme Court is also hearing a case that could end affirmative action.
Some Supreme Court observers believe Breyer hung out for another term in a last ditch effort to convince chief justice John Roberts and Brett Kavanaugh to side with the left and issue either very narrow rulings that render any conservative victory in these cases all but meaningless or failing that, to write the dissents that will define liberal jurisprudence for generations to come.
There is a strong belief that Breyer will announce his retirement next summer following the conclusion of the 2021-2022 Supreme Court term so a Democrat-run Senate can confirm his replacement.
But Breyer stayed on precisely because he believes his side is likely to lose key cases undercut other comments Breyer made to CNN where Breyer explained that it was not true that the Supreme Court decided cases based on political considerations and not the law.
“It’s not too difficult to see what happens in countries and in places and in times when people don’t follow the rule of law,” Breyer added. “There are many jurisprudential differences, it isn’t really right to say that it’s political in the ordinary sense of politics. if you go back into history, you know the court has had many ups and downs.”
The one nightmare scenario Democrats want to avoid is Breyer hanging on too long and Republicans winning the Senate in 2021 or 2022 if a Democrat Senator leaving office ends the Democrat majority and then Republicans blockading any Joe Biden nominee in hopes the GOP nominee wins the 2024 election.
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