Demand Justice, the group founded in 2018 as a progressive response to conservative organizing around the courts, praised Breyer in a statement to POLITICO but encouraged him to make way for a younger liberal replacement and to do it early in Joe Biden’s first term.
“Justice Breyer’s service on the Court has been remarkable, and history will remember him even more fondly if he ends up playing a critical role in ensuring the appointment of the first Black woman to the Court,” said Brian Fallon, the group’s co-founder and executive director. “Timing his retirement in the coming year would guarantee that opportunity, and it would be wise to do so because the window may prove a narrow one.”
Fallon’s comments are the latest example of Democratic anxiety about the composition of the Supreme Court, where conservatives outnumber liberals six to three. And it illustrates how the left-wing of the party feels immediately emboldened to push Biden now that a Democratice Senate majority seems likely, however narrow.