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Report: Supreme Court Justice Stephen Breyer Retiring

Report: Supreme Court Justice Stephen Breyer Retiring

Biden has promised to fill a vacancy with a Black woman.

Multiple major media outlets are reporting that Justice Stephen Breyer will be retiring at the end of this term in June. That would open a vacancy for Joe Biden to fill without risking losing the Senate in the 2022 midterms.

Breyer has been the subject of a Democratic pressure campaign for him to retire while a Democrat is in office and Democrats control the Senate, unlike Justice Ginsburg whose vacancy was filled by Trump (with Amy Coney Barrett). We covered the pressure campaign in June 2021, Democrats Renew Push for Justice Stephen Breyer to Retire.

Biden made a promise to fill a vacancy with a Black woman.

The promise was repeated after the election:

We covered the likely contenders in Here Come The Biden Judges, Including His Likely Eventual SCOTUS Nominee.

Breyer said he doesn’t want his retirement to appear political, but if it is true that he won’t leave until a successor is confirmed, then it’s highly political. Breyer would be making a vacancy open to Democrats, but will avoid a vacancy if for some reason a nominee is not confirmed before the midterms.


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I am certain BLM will be able to provide a stellar candidate. Kim Foxx, Mosby, and Gardner.

Not good

madisonian_123 | January 26, 2022 at 12:20 pm

Biden could appoint Harris and get rid of his VP problem. Would be just like him to foist Harris on us for the rest of her life to torture us on the Supreme Court.

    Harris to Supreme Court, Hillary to VP, then Biden to retirement.
    Hello President Clinton.

      Thumbs up – thumbs down – seems kinda personal to me so I’ll abstain. Nevertheless: UGH!

      MattMusson in reply to JohnC. | January 26, 2022 at 3:30 pm

      And, Bill Clinton back in the White House with way too much time on his hands.

      Milhouse in reply to JohnC. | January 26, 2022 at 6:29 pm

      Except that once the vice presidency is vacant the Dems no longer have a senate majority, so Clinton would not be confirmed. Biden would have to find a VP who could attract at least one R senator.

        bhwms in reply to Milhouse. | January 27, 2022 at 11:12 am

        But you know there will be at least one gutless wonder who will do whatever the Dems want. Take your pick: Lindsay Graham, Mitt Romney, Lisa Murkowski, Susan Collins, and several others slightly less squishy, but love positive media attention before they are called racist again..

        After all, “Elections have consequences, and the President should get his pick,” Lindsay Graham said. But apparently HIS election doesn’t have consequences?

    AF_Chief_Master_Sgt in reply to madisonian_123. | January 26, 2022 at 1:30 pm

    Under Breyer’s terms for retirement, we can surmise that BiDumb’s pick won’t be Kumonme Hairyass.

    Breyer won’t retire until his replacement is confirmed. Harris won’t step down until her replacement is confirmed because Bidumb doesn’t want to lose his deciding vote in the Senate.

    Furthermore, McTurtle doesn’t have any reason to cooperate in the confirmation of Breyer, nor would he cooperate in confirming Hairyass’ replacement under the 25th Amendment.

    This will create a stalemate for quite some time.

    felixrigidus in reply to madisonian_123. | January 26, 2022 at 1:32 pm

    Could she confirm herself to SCOTUS? Seems very doubtful.

    JohnSmith100 in reply to madisonian_123. | January 26, 2022 at 2:47 pm

    Abrams is already campaigning, and if passed over she will whine the rest of her likely short life.

    Biden to SCOTUS

    The Senate hearing on that shit show would be worth the price of admission.

    Dems have been wanting some payback after Trump got his fill and then some. I think Breyer knows it could be 8 years longer if he doesn’t go now.

Since the next session starts on first Monday in October, if he doesn’t retire this year, Biden is going to have a hard time if Senate is picked up by Rs.

Me thinks that Breyer pulled a little extra motivation when looking at the next election.

he also has an insight into how the abortion ruling is going to proceed.

Combine the ruling with a vacancy, and the Dems will definitely be motivated to push back on the red tide.

and maybe none of this will come to pass because Biden steps on his pecker, draws us into a shooting war over Ukraine and China rolls into Taiwan.

Until then…please wear your masks. That’s what really counts.

    Peabody in reply to Doc-Wahala. | January 26, 2022 at 12:48 pm

    “Until then…please wear your masks.”

    Masks are in the same category as Romney’s underwear and should be treated as a sacred and revered objects never to be removed.

caseoftheblues | January 26, 2022 at 12:27 pm

So ability, knowlege, experience….NOT important for a Supreme Court Judge….just sexual organs and amount of melanin…ok got it. We know how well that worked out for the VP pick

    Hey! That’s brilliant! He should nominate Kamala! Then Pelosi can fill in as the new VP!

      Milhouse in reply to irv. | January 26, 2022 at 6:30 pm

      Same problem as Clinton; she would never get confirmed.

        The unapologetic conservative in reply to Milhouse. | January 26, 2022 at 7:37 pm

        Better check your math, if VP is vacant San Fran Nan is next in line without a confirmation.

          No, she is not. There is no “next in line”. If VP is vacant it remains vacant until both houses confirm the president’s nominee. Before the 25th amendment the vacancy would just remain until the next election.

        The unapologetic conservative in reply to Milhouse. | January 26, 2022 at 8:23 pm

        I will take the Presidential Succession Act of 1947 for $200 Alex.

          Nixon’s VP Agnew resigned and was replaced by Ford with concurrence of HoR and Senate. That’s how it works.

          The succession act only comes into play on the death of the President and VP and the people holding office on down the line to the end of the list. It’s purpose is the continuation of govt in the event of a decapitation strike.

          You lose. There is not one word in that act about filling vacancies in the vice presidency, for the simple reason that in 1947 such a vacancy could not be filled. Congress had no authority to make such a provision, so it didn’t. Vacancies remained empty until the next election.

          The 25A provided a way to appoint a new VP, but that is the only way. Not only has Congress not legislated another way, it can’t.

    henrybowman in reply to caseoftheblues. | January 26, 2022 at 11:57 pm

    Why mess with a winning strategy?
    Cheeseburger, cheeseburger, cheeseburger, cheeseburger.
    Black woman, black woman, black woman, black woman.

    stoic voter in reply to caseoftheblues. | January 27, 2022 at 9:21 am

    “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream today.” Ummm.. who said that again? Was she trans? What’s “her truth”?

good thing Joe and Chuck spent the last year demonizing Joe Manchin.

Manchin should demand an originalist be put on the court.

I thinking attorney general, Letitia James.

the_last_l3oyscout | January 26, 2022 at 12:59 pm

Serious question. What happens if a nominee is confirmed and Breyer changes his mind?

    The Constitution doesn’t say anything about confirming a new associate justice when there is no vacancy. I think he needs to actually retire, not just promise it.

      The_Mew_Cat in reply to irv. | January 26, 2022 at 1:49 pm

      They can confirm the new Justice before Breyer retires. Then Biden can appoint the new Justice after Breyer retires. And they had better do it fast. If Dementia Joe strokes out, they lose their tiebreaker.

      Milhouse in reply to irv. | January 26, 2022 at 6:34 pm

      The constitution doesn’t say anything about a confirmation process. It just says the president appoints a new justice, with the senate’s advice and consent. Nothing says that advice and consent can’t be given in anticipation of a vacancy.

        Sultan in reply to Milhouse. | January 27, 2022 at 10:44 am

        The Constitution says zip about abortion either but they feel free to read it in under “penumbras”. If the advice and consent can be given in anticipation of a vacancy, the Senate could “confirm” a dozen or so names in anticipation of future vacancies. Kind of like a “waiting list” at a country club. I don’t put anything past the Supremes but I really don’t think they would go along with anticipatory confirmations with no vacancy to fill.

          Milhouse in reply to Sultan. | January 28, 2022 at 1:05 am

          Of course the senate could do that. But there would be no point, so why would it want to? Unless it actually expected the vacancies to materialize, it would be a complete waste of time, resources, and political clout.

The Gentle Grizzly | January 26, 2022 at 1:00 pm

I know! STACEY ABRAMS!!1!!!11!!

Michelle Obama…

Sheila Jackson Lee.

Frderika Wilson

The possibilities, unfortunately, are endless.

Where I president, I think I will dominate nothing but WASP males. Just to annoy people.

Biden made a promise to fill a vacancy with a Black woman….

Guess that rules out Michelle… 🙂

GOOD. He’s not the worst judge on the court but he’s not in the top 6 either.

There will be incredible fireworks over the nomination, within the D caucus, not just between the different sides of the aisle. This is a good time to buy popcorn futures!

I predict the first nominee will be a complete disaster and the nomination will have to be pulled. But not before death threats to at least half the Republicans and rioting over unfair allegations of racism.

    JHogan in reply to irv. | January 26, 2022 at 2:00 pm

    What a great excuse for BLM and antifa to have more mostly peaceful riots this summer. And another summer of all you can carry free stuff for the Dems’ urban base.

    The Bolshevik Dems needed an excuse to green light their paramilitary organizations in the run up to the elections.

    They can’t count on another black career criminal and drug addict dying of an overdose on the street in police custody again this summer.

Rupert Smedley Hepplewhite | January 26, 2022 at 1:11 pm

What is Grandpa Puddongcup’s obsession with black women?

Colonel Travis | January 26, 2022 at 1:17 pm

I think – could someone really be worse than Breyer?

Then my subconscious laughs derisively and grabs me by the lapels and shoves me against a wall.

Welp … that’ll do for yet another distraction. Might even let the Brandon admin pivot away from their Russia/Ukraine insanity for 30-60 days.

What black woman can Brandon nominate?

Besides Harris, that is.

I doubt all 50 Dem Senators would vote for Harris. A Harris nomination would divide the Dems even further.

Biden will choose a person whose first name is one of these,

LaShay’Shawndra, Sha’quandra, Shaquandree, Pinyata, Damika, Lashundra, Demarae, LaQuasha, LaQuinna, LaQualla, Chontiera, Chontarria, Ravon, Chontele, Rayquan, Layshell, Kinyarda, Kinyarna, Dayqyuia, Dayqyan, Angharad, Anquanette, Biahnca, Carlandra, Coushatta, Johnecia, Jajuan, Jamaurice, Oatshawn, Shaneedra, TeShounda, Tierra, Valandra, Zakkiyya, Q’Antity, La’Treen, Uhlleejsha, Cray-Ig, Fellisittee, Tay’Sh’awn, and Day’Shawndra, Uneeqqi, Armani-Chanel, Quo’Tatashia, Quanesha, Quanesia, Quansha, Queen-Queisha, Devonterray, Mopreshia, Telaphonia-Sheeray, Shinaqua, A’Quariur, Dasunia, Shaquedra, Omarion, Tayshaun, Deron, Rau’shee, Raynell, Quatrelle, Quontrellis, Deontay, Taraje, Jozy, Kerron, Hyleas, Chaunte, Bershawn, Lashawn, Sanya, Trevell, Sheena, Ogonna, Dremiel,

But if Biden comes up short, other names are available.

This could get very interesting if McConnell can block things long enough for the GOP to retake the senate,

    Milhouse in reply to Juris Doctor. | January 26, 2022 at 6:43 pm

    That doesn’t seem possible, unless a D senator falls off the perch in a state with a R governor and a law that lets him appoint whomever he wants.

Doesn’t putting a woman of color on the high court kinda sorta refute Brandon’s whole “systemic racism” song and dance?

Enough of this affirmative action b.s.

And if they put up Harris, she should easily be DQ’d because of her past insane statements and her disasterous performance as VP (the easiest job in the federal government).

Watch out for Lindsay Graham and his ilk.

Secession is our only hope to preserve our way of life.

    Sotomayor proved that there IS nothing that will actually DQ a progressive. She had zero experience, lacked even basic qualifications, and yet Grahamnesty and 8 of his RINO posse lined up to vote for her anyway.

    And I guarantee the piece of shit RINO is going to vote for whatever insane far leftist gets put up anyway.

I could see Slow Joe nominating Garland under the guise of “righting a wrong” and the sheep would eat it up as “owning McConnell.”

I can see Ariana Grande on the SCOTUS.

I nominate Rachel Dolezal.

Waiting to hear from the Turtle. The Profs are Already out in force with “you promised us a black female”

If I was Mitch, I would “suggest” Buttifeg and say if we want to be inclusive, let’s go all in, then sit back and let the Dems duke it out.

On serious note – fully expect the left to tell Biden to nominate just Breter’s replacement, but add three more.

Why do we need a black face middle person? Why not just confirm George Soros and be done with it.

Can you imagine Kamala Harris being the next female SC judge? That would mean all three women on the court are dumb as posts. At least RBG was highly intelligent and a nice person.

This alone doesn’t change the composition. It’s 5/1/3 with Roberts mostly but sometimes Kavanaugh as the one. Let the d/prog fight out who they want in their diversity olympics. Theoretically the nomination would require at least one r vote to get out of the judiciary committee; looking at you Lindsay.

A defeat in committee would allow the nomination to made on the floor but it would require a cloture vote 60 needed to overcome a filibuster on the motion to proceed. That particular bit of Senate parliamentary maneuvering wasn’t part of the rule change by Reid nor McConnell’s expansion. It would require a separate rule change to overcome; at least in theory.

That also holds for other nominations in other committees as well so don’t buy the BS from Senate r that they can’t defeat a nominee. It takes at least one affirmative vote by a r member to pass every nomination out of every committee.

The Gentle Grizzly | January 26, 2022 at 7:15 pm

Which reporter from any of the conservative news services will have the guts to ask the nominee “how does it feel to be picked as a token rather than for your qualifications?“. I

One America?
The Liberty Daily?

My guess: none v

theduchessofkitty | January 26, 2022 at 8:05 pm

He’s retiring… or he’s being pushed out.

There are reports someone leaked that to the press… and he’s upset about it.

Biden made a promise to fill a vacancy with a Black woman

The progressive one-way ratchet. Eventually every member of SCOTUS will be a non-white woman.

…guess Lady Justice is not (color) blind after all.

I nominate this thread for “L.I. Funniest of All Time”. Nice work, racists (sarc)

“Apparently I’m a white supremacist with dark pigment, I’m not a freakin’ token, no matter ‘how you meant it’…a child of the Most High, oh my!..”

Why not Condoleezza Rice, Carol Swain, Stephanie Dawkins Davis ?

My fear is that Sleepy Joe is a small and petty enough man, I can see him nominating Anita Hill.