With the death of liberal stalwart Justice Ruth Bader Ginsburg still resonant, a number of court watchers expect that Breyer, 82, will announce his departure this summer, clearing the way for President Biden and Senate Democrats to fill his seat.
“I’m sure Breyer realizes what a blow Justice Ginsburg’s non-retirement was to the possibility of ever having an even mildly progressive Court in our lifetime. And that describes Breyer — mildly progressive,” said Dan Kobil, a law professor at Capital University. “So I think he would not want to double down on what many view as her miscalculation.”...
Erwin Chemerinsky, dean of the University of California, Berkeley, School of Law, said he believes Breyer should retire in coming months while Democrats still have the power to confirm his replacement.
“If one Democrat leaves for whatever reason, the Democrats could lose the Senate,” Chemerinsky said in an interview with The Hill. “For Breyer to have someone with his values and views replace him, retiring this summer could be crucial. If the Republicans take the Senate, they will not confirm a Biden nominee.”
Advertisement
Join the conversation as a VIP Member