Latest Breaking News
In reply to the discussion: Justice Breyer Insists SCOTUS Isn't Political, Warns Against Court-Packing, and Doesn't Talk About R [View all]Janbdwl72
(47 posts)The first way has been well documented by previous posters above. I just add yes, the Supreme Court is political and yes, thanks to Mitch McConnell's horrible manipulation of the process to not allow Obama to replace Scalia, and to his and the Orange Maniac's rushing of Barrett to the Court, it is a 6-3 margin for conservative Republicans.
The second way is that he appears at this time to be leaning toward returning in the fall and not retiring now. The Democrats have a razor thin majority with Harris casting the tie-breaking ballot to get Biden's nominee confirmed. This majority was made possible when former Justices Brennan and Marshall decided not to retire when Carter was President, so they could have Democratic successors.
Yes, I think Marshall was a great man, a legal scholar and an outstanding judge, but he should have retired when Carter was President, and then we would not have wound up with Clarence "Doubting" Thomas on the Court.
Brennan had served for plenty of years and I know he did not want a judge appointed by a Republican taking his place.
Let's hope that Breyer does not fall into the same trap as Marshall and Brennan did. He has been there long enough--it is time to get another Democratic Justice on the court. He should not be ignorant of the history and what happened to Marshall and Brennan.