Supreme Court Justice Stephen Breyer to retire, giving Biden a chance to nominate a replacement

[andym]

Last edited Wed Jan 26, 2022, 02:43 PM - Edit history (1)

Source: CNBC

Supreme Court Justice Stephen Breyer will retire at the end of the current term, giving President Joe Biden a crucial opportunity to replace the liberal justice, NBC News reported Wednesday.

Breyer at age 83 is the oldest member of the court. Former President Bill Clinton nominated him and he took his seat in 1994. Biden as a presidential candidate vowed that his first Supreme Court nominee would be a Black woman.

Breyer will retire as the high court, sporting a 6-3 conservative majority after the Senate confirmed three nominees of former President Donald Trump, shows a willingness to wade into divisive cultural issues and question long-standing judicial precedent.

Breyer is expected to step down at the end of the court’s current term, NBC reported, citing people familiar with the decision. Biden is expected to act quickly so his successor can be ready to serve when the next term begins Oct. 3, according to NBC....

Links to other sources of the story for more details and analysis:
https://www.nytimes.com/live/2022/01/26/us/stephen-breyer-retirement
https://www.npr.org/2022/01/26/1075781724/justice-stephen-breyer-supreme-court-retires
https://www.nbcnews.com/politics/supreme-court/justice-stephen-breyer-retire-supreme-court-paving-way-biden-appointment-n1288042
https://www.cnn.com/politics/live-news/scotus-stephen-breyer-retirement/index.html
https://www.washingtonpost.com/politics/courts_law/stephen-breyer-supreme-court-retire/2022/01/26/02a47db0-ace1-11eb-b476-c3b287e52a01_story.html



Breaking News will be updated...


Read more: https://www.cnbc.com/2022/01/26/supreme-court-justice-stephen-breyer-to-retire-giving-biden-a-chance-to-nominate-a-replacement.html

---

Now if only Clarence Thomas would retire.

[nwliberalkiwi]

1. Justice

Will have to wait for after the next election.

[L. Coyote]

7. This might move quickly. Supreme Court is on a different schedule than elections.

Link to tweet

Link to tweet

Link to tweet

[SKKY]

11. I don't think the filibuster even plays into this...

...Didn't McConnell make sure of that with his other nominees?

[wnylib]

31. Yes, but we only have 48 Dem Senators.

[L. Coyote]

34. Why wouldn't Republican senators vote for a Biden nominee?

It's not like he will nominate an unqualified judge! Maybe it will be Barack Obama.

[Probatim]

42. Merrick Garland was qualified - those assholes blocked him.

[former9thward]

43. Obama is too old to be a SC nominee.

[intheflow]

65. No he's not.

Most SCOTUS judges get appointed over the age of 55. Obama is the exact age RBG was when Clinton appointed her in 1993. Sotomayor was 55 when appointed in 2009. Breyer was 56.

[onenote]

74. Most SCOTUS judges get appointed UNDER the age of 55.

You've cited the only three justices of the past 14 that were appointed at the age of 55 or older. None of the justices appointed by a Republican president since 1981 was older than 53.

[thesquanderer]

80. re: "None of the justices appointed by a Republican president since 1981 was older than 53."

Smart strategy to try to maximize their power.

[UnderThisLaw]

131. Wrong

Alioto was 55, and furthermore was appointed by a Republican

[wnylib]

44. The Rs couldn't support Obama as

President after he was inaugurated. They would not support him for SC now.

Rs will not support a Biden nominee, just like they refused to support an Obama nominee. Their major mission is to block everything that Biden does. I do not expect to see them approve anyone. We will have 8 justices again.

[ColinC]

45. Um. We have 50 Dem Senators.

One of those is a person who won't support a progressive spending bill, and two are against removing the fillibuster. All 50 are on record supporting either all or almost all of the judicial nominees that have been appointed. The fillibuster is not an issue.

[wnylib]

49. We have 48 Dem Senators and 2 Dinos

The Dinos would not support a Biden choice unless the Republicans do.

We have 50 Republican Senators whose mission is to obstruct Biden.

I expect to see 8 justices again.

[L. Coyote]

50. 48 Dems and 2 Independents

[wnylib]

91. Sorry, I left Sanders out of the count.

1 Independent, 2 Dinos, and 47 Dems. We can count on Sanders' vote, but that's not enough for a majority.

[L. Coyote]

92. Independent U.S. Senator Angus King of Maine

https://twitter.com/SenAngusKing

[ColinC]

54. If that were the case, we wouldn't have had so many federal judge appointments

https://www.npr.org/2022/01/22/1075049532/president-biden-is-replacing-federal-judges-at-a-record-breaking-pace


We do have 50 Dem Senators. Two are tragically mislead in terms of the fillibuster, but all are responsible for helping us take back the courts. There is no reason that will stop unless they actually end up switching parties.

[onenote]

70. Willing to place a wager on that?

Before you decide, you might want to consider that neither Sinema nor Manchin have voted against any of Biden's judicial nominees and both have voted to confirm at least a half doze of those nominees who didn't get a single Republican vote.

Speculation is that Ketanji Brown Jackson will be the nominee: served on the District Court from 2013 to 2021 (confirmed by voice vote) and on the Court of Appeals since June 2021 (confirmed 53-47, with Collins, Murkowski and Graham [!] voting to confirm (and Rubio, Blunt and Sasse not voting).

[Evolve Dammit]

94. Exactly

[shelshaw]

2. Oh boy

Get ready for a shit show

[PatSeg]

6. Yeah, it won't be pretty

[grumpyduck]

3. Here it comes...

The repuqs will refuse every nominee Biden wants to appoint.

[Polybius]

106. We don't need their support

All we need is 50 votes.

[Shrek]

4. I wonder whom Joe Manchin will nominate to replace him n/t

[left-of-center2012]

8. I don't think Senators nominate

But will he support Biden's choice?

[Lucky Luciano]

13. I think was a sarcastic comment meant to imply we must get past Machin...

…with a much more conservative pick than Breyer.

[wnylib]

37. Probably not unless Biden nominates

someone radically conservative enough that even Republicans would support the nomination, which Biden will not do. So, no.

[FakeNoose]

66. I'm pretty sure Biden will want to nominate a black woman

It was a campaign promise, and he said it several times. I don't see him going back on that promise now.

[wnylib]

90. Neither do I. Biden will honor his promise.

But I do not expect Republicans to give up on obstructing Biden. I expect the 2 Dinos in the Senate to be more concerned with not offending Republicans than with getting a SC Justice confirmed.

[onenote]

75. Manchin has not voted against any Biden judicial nominees

And has voted a number of times for nominees that didn't get a single Republican vote.

There is a lot of speculation that Kenjani Brown Jacksonwill be the nominee. She was confirmed to the District Court in 2013 by a voice vote and to the Court of Appeals this past June, with Manchin and Simena voting Aye. The pressure will be on Murkowski and Collins, both of whom voted to confirm her (along with, surprisingly, Graham).

[aggiesal]

112. If the filibuster rule needs to be changed to 50 for Supreme Court justices ...

and Manchin & Sinema continue they're theater, it might force Biden to nominate a more conservative justice to get 60 to overcome a filibuster.

[onenote]

114. huh? the filibuster rule doesn't apply to judicial nominations

[aggiesal]

115. And of course, I prefaced this by writing "If the filibuster rule needs to be changed ..."

since I didn't know when I typed it.
But, thanks for the info.

[lastlib]

16. He isn't on the Judiciary Committee, is he?

[hot2na]

5. fantastic news

Unfortunately this gives SineManchin an opportunity to hog the limelight. They will no doubt force Biden to choose someone who has GOP support or some other BS. But still great news that now we can count on at least maintaining the liberal wing of the Supreme Court for now.

[JohnSJ]

21. In the past they had no problem voting for Biden's judicial appointments, but that was before the

censure of Sinema by the Democrats in Arizona, personal attacks, and some threatening publicly to support primary challenges against Sinema and Manchin

Which is one of the stupidest, misguided strategy I have seen with a 50-50 Senate

People forget that Biden made 42 judicial appointments in his first term, and that was with both Sinema and Manchin's support. I don't know where that goes from here

[Casady1]

9. It is too close to an election

McConnell will stymie Biden

[JohnSJ]

10. You do realize we have the majority in the Senate, right?

[Lucky Luciano]

14. Do we?

[aocommunalpunch]

18. No, we have two DEMOCRATIC senators with hurt feelings.

Bummer for us, eh? Go offer them a fucking pillow and massage and do their damn jobs already. Or, continue to cater to their FUCKING FEELINGS because that's important. Jesus.

[JohnSJ]

29. Biden had 42 judicial appointments in his first year, and that was with BOTH Sinema and Manchin.

[Nay]

104. A Supreme Court nomination is different than a run-of-the-mill

judicial appointment, for obvious reasons. I don't expect S or M to treat these two types of nomination the same. Do you, really?

[JohnSJ]

111. Yes I do

[PSPS]

25. Um, no. Not in practice.

[Traildogbob]

62. For now

Wait until Senema gets pissed at her state condemning her, and Manchin the same, and theur months of attention. Ya thought they got high on voting rights air time, this could be a lot of fun for them. I could see both switching just to disallow Biden filling a seat. Vintictuve pricks.

[L. Coyote]

32. No it is not, and Schumer runs the Senate now, not the turtle.

Last edited Wed Jan 26, 2022, 02:20 PM - Edit history (1)

Link to tweet

[andym]

12. McConnell finally will face a day of reckoning for removing the filibuster on SC justices

Three is no way for Republicans to block the nomination of anyone that Pres. Biden nominates.

[peppertree]

20. He should face a day of reckoning for receiving millions in drug money from his in-laws

But for now, this will do.

[JustAnotherGen]

23. unless Manchin and Sinema

Find something to whine and cry about. I want a pick that will piss the other side off.

I have to put up with Garland's usurper, Baby Brett, and Handmaiden Amy they can deal with the second coming of RBG or Thurgood Marshall.

[whopis01]

73. Or they find something to get on the news about. n/t

[live love laugh]

102. The pick you want is the one SineMan will oppose.

[former9thward]

48. What is the reckoning?

McConnell replaced a liberal Justice with a conservative Justice. Biden will be replacing a liberal Justice with a liberal Justice.

[Willis88]

55. Right. This just stops the bleeding, assuming...

All 50 Democrats support Biden on his pick, and that’s not a guarantee unfortunately. Just one would be able to hold the spotlight and horsetrade.

[pandr32]

15. Good news!

Unless, of course, McTurtle declares that it is not the appropriate time in Biden's presidency to confirm someone to the Supreme Court bench.

[lastlib]

17. McTurdle can proceed with self-fornication....

With a pitchfork.

[wryter2000]

22. He has no power over this

Under Obama he had the majority. No longer.

[DickKessler]

100. Not this year, anyway. Let's not wait until next year to confirm Justice Breyer's successor.

[wryter2000]

19. Well done

A McTurtle can’t block him because he killed the filibuster.

[JohnSJ]

26. Exactly. My concern is that the censure of Sinema in Arizona, and the public threats by some to

support primarying them, could very well backfire on us. It was a stupid strategy, especially in a 50-50 Senate

[Texin]

28. That's what I was wondering. So what stunt(s) will McConnell and Co. come up with now?

[sdfernando]

24. It shouldn't take more than 27 days

for the Senate to confirm Biden's nominee per turtle-face's precedence.

[intrepidity]

27. JFC, if Garland gets the nod, and this explains

the perception of DOJ moving slowly on TFG...

[TheRickles]

30. Very interesting idea!

[former9thward]

51. Garland is way, way too old to be nominated.

He would not be considered.

[Willis88]

56. Very interesting! But unlikely to happen due to age

[BumRushDaShow]

33. NYT

Justice Stephen G. Breyer to Retire From Supreme Court


Justice Stephen G. Breyer was appointed to the Supreme Court in 1994 by President Bill Clinton.Credit...Erin Schaff/The New York Times

WASHINGTON — Justice Stephen G. Breyer, the senior member of the Supreme Court’s three-member liberal wing, will retire, two people familiar with the decision said, providing President Biden a chance to make good on his pledge to name a Black woman to the court. Mr. Biden is expected to formally announce the retirement at the White House on Thursday, according to one person familiar with the planning for the event. Justice Breyer, 83, the oldest member of the court, was appointed in 1994 by President Bill Clinton.

After the death of Justice Ruth Bader Ginsburg in 2020 and the appointment of Justice Amy Coney Barrett by President Donald J. Trump, he became the subject of an energetic campaign by liberals who wanted him to step down to ensure that Mr. Biden could name his successor while Democrats control the Senate. With conservatives now in full control of the court, replacing Justice Breyer with another liberal would not change its ideological balance or affect its rightward trajectory in cases on abortion, gun rights, religion and affirmative action.

But Democrats, who control the Senate now by the narrowest of margins, may have to act quickly if they want to ensure that the court does not become even more conservative. If they lose even a single seat in the midterm elections, the balance of power in the chamber would flip, making it much more difficult for Mr. Biden to win confirmation for his nominee. Justice Breyer’s opinions have been those of a moderate liberal, marked by deference to experts, the ad hoc balancing of competing interests and alertness to fundamental fairness.

His goal, he said, was to reinforce democracy and to supply workable legal principles for a sprawling and diverse nation. He has been more likely to vote against criminal defendants than other liberal justices. On the other hand, as the years progressed, he has grown increasingly hostile to the death penalty. He played a starring role in the court’s last term, writing majority opinions rejecting a challenge to the Affordable Care Act and protecting the free speech rights of a high school student.

https://www.nytimes.com/2022/01/26/us/stephen-breyer-retire-supreme-court.html

[Uncle Joe]

35. I wonder

what the chances are that President Biden would nominate Laura Coates with CNN?


Thanks for the thread andym.

[WinstonSmith4740]

36. Just spit-balling here...

This nomination/confirmation has got to be done RIGHT NOW, so what do you think of this? Nominate Merrick Garland. Then appoint some pit bull as acting AG, so he can bypass the confirmation process, and start some serious high-level insurrectionist ass-kicking.

I appreciate Merrick Garland's dedication to making sure he has an air-tight case before he issues indictments, and I'm sure this thing will be a slam dunk once it gets going. But it's time. These people need to be put in jail.

[orangecrush]

101. Love to see it happen

But probably won't.

[Samrob]

105. Too old for this spot. If another comes up than I would think he could get the nod.

We need someone no more than 50. Unless of course we can get the rules changed and the supremes get term limits.

[WinstonSmith4740]

108. Totally agree on the age thing.

One of my former students had texted me and said the same thing when he had heard about it. I'd love to have a young, liberal firebrand on there to balance out the Handmaid's Tale model and Drunken Frat Boy Who Never Grew Up. But anybody too far left of center will put up a solid Republican road block against it, and none of them have the guts to buck McConnell. Even though he can't control it, I'm waiting for him to grab the microphone and start on how we shouldn't even consider this until after the election, because the Senate has to approve the nominee, the people have the right to have a say, lather, rinse, repeat. Manchin and Sinema are useless, and with the light on them again, the ultimate Mean Girl and the coal millionaire will start their routine all over again...can't possibly support the nominee if no Republicans do, must have unity, yadda yadda yadda.

I personally think all the hand-wringing about losing the House and Senate in November is premature. Remember how the Rethugs basically got their butts handed to them in 1998? They were supposed to pick up all kinds of seats, and they ended up losing seats in both houses. They over-reached then and they're over-reaching now. But we have to nail this seat down.

[mahina]

127. I like it

[Missn-Hitch]

38. I hope it's a middle of the road, left of center candidate? *sarcasm*

[BumRushDaShow]

39. WaPo

Justice Stephen Breyer to retire from Supreme Court


Justice Stephen G. Breyer, seen here in 2013, was selected for the court by President Bill Clinton in 1994. (Elise Amendola/AP)

By Robert Barnes
Today at 12:28 p.m. EST

Justice Stephen G. Breyer will retire at the end of the current Supreme Court term, according to a source familiar with his plans, giving President Biden the chance to make his mark on the Supreme Court by nominating the first African-American female justice and reinforcing the court’s liberal minority. Breyer, 83, is the court’s oldest justice and he has been under unprecedented pressure to retire while Democrats have narrow control of the Senate, which must confirm Supreme Court nominees. The current term ends at the end of June.

NBC and CNN first reported the news, which had been expected. Breyer was chosen for the court in 1994 by President Bill Clinton, a year after Clinton picked Ruth Bader Ginsburg. He is known as a pragmatic liberal, more moderate than others on the left and willing to search for compromise among the court's ideologically divided justices. The just-completed term was one of his most productive and significant in his long career, receiving some of the top assignments from Chief Justice John G. Roberts Jr.

Breyer wrote the majority opinion when the court rejected the third challenge at the Supreme Court to the Affordable Care Act. Earlier, he authored the court’s decision that G.oogle did not violate copyright law in a multibillion-dollar showdown with Oracle, a highly watched case in the tech world. And he wrote the court’s defense of the First Amendment rights of public school students in a case involving a high school’s punishment of a cheerleader for a profane rant on social media.

Breyer’s decision to leave gives Biden a historic opportunity but also could prompt a monumental battle. Democrats control exactly half of the Senate’s 100 votes, with Vice President Harris holding the tiebreaking key. Recent Supreme Court confirmations have been largely party-line votes, with a Republican White House and GOP senate in charge. That is partly why Breyer has been under pressure from liberal activist groups and some Democratic senators to retire now, although the White House has been careful not to pile on.

https://www.washingtonpost.com/politics/courts_law/stephen-breyer-supreme-court-retire/2022/01/26/02a47db0-ace1-11eb-b476-c3b287e52a01_story.html

[AllyCat]

40. And Manchima will vote to block or NOT allow to give

the minority “a voice” I am sure.

[brooklynite]

41. Name a Biden appointee Manchin has NOT voted for.

[AllyCat]

46. Go ahead. Report me. Manchin has shown he is no friend to democracy

of late.

[onenote]

77. No one is threatening to report you.

Just trying to educate you.

[Doc Sportello]

47. Garland is 69 years old

If he were in any other capacity, that doesn't matter. But appointing someone who will turn 70 later this year would be dumb. These are lifetime appointments and you can bet the repubs will be doing everything they can to get more, younger, extremists on the court. Dems need to get a justice who is not only well-qualified but also younger, female and a person of color.

[LaMouffette]

52. Thank you, Justice Breyer! But, uh-oh! It's cutting it pretty close to the 2024 election (sarcasm).

Not sure that it's fair to the American people to have a president choose a Supreme Court justice when it's only two years until the next election (more sarcasm).

As far as Clarence Thomas, I wonder if he could be impeached if enough malfeasance is discovered concerning his wife? It would have to be shown that it affects his so-called impartiality as a Supreme Court justice, of course.

[Lonestarblue]

53. Biden has promised to nominate a black woman for the SC.

Will any Senate Republican, now the party of white supremacy, vote for a black woman? And will Manchin/Sinema support? Knowing that Breyer will step down in June, can the vetting process start now? I’d hate to risk this nomination running past next January when we might not have control of the Senate.

[Willis88]

57. It's going to be razor close, but I think the Dems get this through

[chia]

78. THIS. He needs to nominate a Black woman

[onenote]

79. Murkowski and Collins

Both voted to confirm Kenjani Brown Jackson to the Court of Appeals just 7 months ago. I wouldn't be surprised for one or both to vote aye if Jackson is the nominee. (The third republican to vote for Jackson was Graham, and there is no doubt in my mind that he's a spineless turd who will flip to no).

[DeSmet]

95. Judge Jackson

Was highly praised by Neal Katyal. That's enough for me. Mr Katyal is also a fine candidate.

[Polybius]

124. It takes 67 votes to remove Thomas

So no.

[Deep State Witch]

58. I just hope that Joe picks someone qualified

Not like Rapey McBeerface or Amy Covid Barrett, who was a judge for like a hot second before she was nominated to SCOTUS.

[LoisB]

59. I doubt Ginni would allow Thomas to retire.

[LiberalArkie]

60. But the choice remains with McConnell, correct? it is always an election year.

[thesquanderer]

82. No. Schumer is now Senate majority leader, not McConnell. n/t

[Traildogbob]

61. This HAS

To be completed before Gaetz and GQP SIEZE the house and Senate in the fall. Especially when trump gets “appointed” speaker of the house. Ya think McTurtle did some fuckery in the Senate, with 3 stolen seats, wait and see what whatever shit stain gets GQP senate majority.

[Sugarcoated]

121. It's not a given that Republicans take back House and Senat

Just sayin

[moose65]

122. What?

The House has nothing to do with the Supreme Court confirmation process.

[Autumn]

63. I would like him to appoint someone who is not in their 60's and 70's.

[ejbr]

64. He must have

Gotten exhausted with the new right-wing nuts.

[andym]

67. No kidding-- they are indoctrinated and will not hold to precedent

Breyer must be exasperated with them.

[SCantiGOP]

68. Two of my criteria:

Under 40 and all four grandparents alive.

[onenote]

81. It will not be someone under 40.

There hasn't been a Supreme Court justice under the age of 40 since the 19th century. In fact only four justices in history have been appointed under the age of 40.

[SCantiGOP]

85. I was joking

Criteria: someone young and with good genetic background so they outlive the Trump appointees.

[Kablooie]

69. I hope Sinema and Manchin don't block Biden's pick.

I fear they might.

[Buckeyeblue]

71. Good for him. He is and continues to be a really good Justice.

I don't know why anyone in their 80's would even want to continue to serve on the SC. Or for that matter the Senate or House. I think people get addicted to the attention and don't want to give it up.

[bucolic_frolic]

72. Do this ASAP

[48656c6c6f20]

76. With everything being the way it is politically now

We're not going to get a good nomination. Might as well ask Moscow Mitch who we should pick.

[Mira]

83. Michelle Obama

am I the first to suggest her?

[onenote]

88. No. But hopefully the last.

It's a silly suggestion for a fistful of reasons.

[DickKessler]

98. I don't think she's interested in any political or government position....

[Mysterian]

84. Why stop with one new justice?

Put three more on the court and make the corrupt right-wingers irrelevant.

[DickKessler]

99. But that would be court-packing, and that would just be unprecedented partisanship!

/s

[TexasTowelie]

110. Seeing that there are six conservative justices on the Supreme Court,

we need to bump the number of justices up to 13--one for each of the colonies.

[Polybius]

125. Because 60 votes

We don't even have 50 for expansion.

[Lunabell]

86. Will Sinema and Manchin support Biden's nominee?

Or will they torpedo this too?

[Midnight Writer]

87. Smartest strategy for McConnell and his Party would be to support a woman of color.

They (hopefully) will not be able to block the nominee, anyway.

So why not throw their support to a woman of color to give them a counterpoint to charges of racism and sexism?



For years, every RW pundit can repeat over and over how the Republican Party can't be racist/sexist. After all, they voted decisively for a Supreme Court Justice that is a minority woman.

[Calista241]

89. I would not expect anything to happen quickly.

Breyer wants to serve out the remainder of this term, which ends in June. The next term for the Supreme Court starts in October.

We probably won’t have hearings until May or June, and a confirmation vote in July.

[onenote]

129. There is no need to wait until the end of his term for hearings.

Schumer has made it clear this is going to be fast-tracked.

[Moebym]

93. I actually got attacked for saying this on another liberal site

But I will say it again:

It is not inevitable that Republicans and/or Manchin and Sinema will succeed in preventing Biden from replacing Breyer.

I completely understand why some of us are not optimistic, and I'm no sunny optimist myself, but we actually do have the advantage here, as long as it all happens before the next session of Congress convenes.

[DickKessler]

96. +1

[DickKessler]

97. Terrible! If justices time their retirements like this, people will think the Court is *political*!

And that would be AWFUL, wouldn't it?

You mean to tell me that the Supreme Court with 6 Federalist Society ideologues aren't "objective appliers of constitutional law?" Or that Chief Justice John Roberts isn't "calling balls and strikes" as a "referee?"

Inconceivable!!

/s

[Behind the Aegis]

103. I wonder how fast it will be before someone is named.

I can't image the Biden Administration doesn't already have a long list in preparation for such an event.

[C Moon]

107. A chance?

[onenote]

109. Chance Opportunity

They are synonyms.
https://dictionary.cambridge.org/us/dictionary/english/chance

[generalbetrayus]

113. Biden promised during the campaign to appoint a Black woman

to the next Supreme Court position that opened up. Too bad Anita Hill is 65 now.

[kwolf68]

116. I don't like Biden doing this

Hear me out. I think just saying with a blanket statement "I am going to pick X demographic" is in itself discriminatory in nature and it suggests Democrats are about tokens and quotas. Announcing he wants a certain demographic is bad strategy. Basically, turning Dr. King's "content of our character" line and flipping it upside down. Now a choice is STILL being made by skin color, but this time black skin color wins.

That said, I am IN FAVOR of putting a black women on the court. The court should represent America. And I am also NOT OPPOSED to Biden "in his mind" basically thinking even before it came up that this is the time to nominate a black women so that's what I'll do.

The process should have played out differently. Biden floats a bunch of names, which would include black women, which would include the women he wants. He gives careful consideration and then chooses exactly who he wanted to begin with (He'd be well versed in their qualifications). A black women is on the court, GOOD DEAL!!!! This black women was the best choice, she stood the scrutiny and we move on.

Instead, now this choice will be seen by some as nothing more than affirmative action for the SCOTUS, it will become political and further divide. Because while a black women SHOULD be seated on the court, putting her there "just because she is black" (which many, even not racist asshats will postulate) will actually be the optics.

[BComplex]

117. "Now if only Clarence Thomas would retire."

Or find himself in hell with his wife, where they both belong.

[L. Coyote]

118. #FailedCoupGuy reacts: Send cash immedialely, send lots and lots of cash.

Yeah, that solved every problem in the world so far.

Link to tweet

[LetMyPeopleVote]

119. President Biden is handling this issue correctly

Link to tweet

[cstanleytech]

120. "Now if only Clarence Thomas would retire." Not to mention if

two to 3 other conservative justices would take permanent early retirement.

[manicdem]

123. Not so easy. Repubs can still block it.

The Supreme court nominee needs to pass the Judiciary committee before they can be voted on. Judiciary is evenly split so at least one republican needs to vote to advance them.

[onenote]

128. WRONG.

This has been addressed in multiple threads.

The power sharing agreement (embodied in Sen. Res. 27) provides that if a committee deadlocks, then the Chairman of the Committee can notify the Secretary of the Senate of the deadlock and then the Majority leader can make a motion to discharge the nomination from the Committee. The vote on the motion to discharge requires only a simple majority.

This procedure has already been used multiple times to bring Biden nominations to the floor, including two instances where the vote on the motion to discharge was 50-50 and Harris broke the tie.

There is nothing the Repubs can do to block a Biden SCOTUS nomination so long as the Democrats have 50 votes and the VP.

[mahina]

126. Good. Finally. And now as much of a fan of Sonia Sotomayor as I am,

Considering her health issues, I truly think she should give it a good long thought too. I worry about her and she is a heroine. She has written a fabulous dissents and shown so much strength and brilliance.

What if, haunts me. Although 7-2 isn’t as big a difference anymore, if Clarence ever finds some honor and flees, it would matter again.

[Demovictory9]

130. I wasn't aware she was that ill