Exclusive: Stephen Breyer says he hasn't decided his retirement plans and is happy as ...

[mahatmakanejeeves]

Source: CNN

Exclusive: Stephen Breyer says he hasn't decided his retirement plans and is happy as the Supreme Court's top liberal

By Joan Biskupic, CNN legal analyst & Supreme Court biographer

Updated 6:46 AM ET, Thu July 15, 2021

Plainfield, New Hampshire (CNN) -- Justice Stephen Breyer has not decided when he will retire and is especially gratified with his new role as the senior liberal on the bench, he told CNN in an exclusive interview -- his first public comments amid the incessant speculation of a Supreme Court vacancy.

Far from Washington and the pressures of the recently completed session and chatter over his possible retirement, Breyer, a 27-year veteran of the high court, said Wednesday that two factors will be overriding in his decision.

"Primarily, of course, health," said Breyer, who will turn 83 in August. "Second, the court."

{snip}

Read more: https://www.cnn.com/2021/07/15/politics/stephen-breyer-retirement-plans/index.html

[enough]

1. One man's happiness. NT

[lark]

2. This is quite selfish.

Waiting for health is like saying I'm OK with McConnell changing the court again for partisan reasons. Come on Breyer, do the right thing and soon or you too will be fucking this grand country.

[jimfields33]

4. Why can't he stay one more year?

The senate won’t change at all until January 2023. Next Summer/Fall would be perfect timing.

[lark]

7. That risks that something really bad will happen in the meantime.

Yes, it's probably safe, but I don't trust fate or repugs.

[FBaggins]

10. There's no guarantee that the Senate won't change until 2023

Just as justices don't live forever, we could lose a senator in a red state where the governor picks the replacement... and party switches have happened before.

The last time there was a 50/50 split Senate the balance was disrupted less than six months later.

[clementine613]

16. You don't know that.

All it takes is one death or resignation to flip the Senate.

[BeyondGeography]

21. Have you checked the ages and health histories of our oldest Senators lately?

[PoliticAverse]

24. All it takes is one Sinemator changing their party and the Senate would change at any time. n/t

[Submariner]

29. I'm afraid of Senator Leahy having another health incident and not recovering

Vermont has a republicans governor. we be screwed.

[jrthin]

3. I'm glad he's happy, because many of us are anxious

as hell that as he's pleasing himself the republicans may get to replace another Supreme.

[FlyingPiggy]

35. +1000

[ripcord]

5. It is funny that we complain about a partisan Court

But want Breyer to do his job as a good liberal and retire.

[Aristus]

6. Of course we complain about a partisan court.

We want it to be bipartisan...

[clementine613]

17. Talk for yourself.

If every Rethug on the court retired and was replaced by a progressive, I wouldn't shed any tears.

[Aristus]

20. Same here.

But that's not going to happen. Even achieving ideological parity on the bench is going to be a slog.

[Janbdwl72]

37. Amen to that!

Of course, they won't retire! And while I don't want to see any Republican on the Court die by non-health related causes, I would certainly shed no tears if one of them died for health reasons over the next few months.

I just hope Leahy and Feinstein can remain healthy enough to serve and do their duties. And Manchin would support any nominee appointed by Biden.

[elleng]

8. Right, and apparently Justice Breyer is concerned about that,

the appearance of a partisan Court, so wants to stay to avoid appearance he's retiring IN ORDER TO enable Dems to appoint someone with the Dem label.

[Scrivener7]

12. Which will result in a 7-2 conservative court.

In which case, if you're not white and male, kiss your rights goodbye and welcome to Gilead.

[Janbdwl72]

38. So why couldn't Anthony Kennedy have thought like that?

I would have much rather seen him wait until the Orange Maniac left office to retire.

And of course it was okay for Trump, his cronies and minions to pressure Kennedy into retiring. But Democrats are harshly criticized for recommending that Breyer do the same.

[JudyM]

15. Ever see "The Blob" film? Maybe take a look at this speech by Sen Whitehouse for more perspective.

https://www.democraticunderground.com/?com=view_post&forum=1017&pid=667661

Dark money is The Blob. Do we let The Blob completely destroy our democracy? At some point our strategic moves need to intensify. That point is surely now.

[FBaggins]

9. Was that a jab at RBG?

Breyer said his new seniority in the justices' private discussion over cases "has made a difference to me. ... It is not a fight. It is not sarcasm. It is deliberation."

[Scrivener7]

11. He needs to go before the 2022 election. Have we learned nothing?

[elleng]

13. WE don't get to make these decisions, Justices do.

[Scrivener7]

22. Yep. And the decisions they have been making up to now have left us with a 6-3 court.

If he doesn't go, that will become 7-2.

[Janbdwl72]

39. Was that the case with Anthony Kennedy?

I think most Dems would much rather see him still on the Court that Kavanaugh.

[BlueStater]

14. When many people here were pressuring RBG to retire, they were attacked as being ageist.

Well, she died and now we’ll be stuck with Amy Coney Barrett for the next 40 years.

It’s not ageism, it’s reality. When people get to be 80 or older, they can die or get seriously ill suddenly with little to no warning.

Breyer had a great run, but he has seen firsthand how ruthless and despicable the Republican Party has become. He can’t just assume his health will hold up for the next couple of years or so. For the good of the country, he needs to step down before those assholes obtain any sort of real power again.

[Scrivener7]

23. I LOVE RBG. I was one of the ones calling for her resignation when Obama was President.

I got shellacked here.

[Janbdwl72]

40. You were right.

The sequence of events afterward proved you were indeed correct.

She did live with pancreatic cancer longer than most with that diagnosis.

But RBG should not have taken any chances and retired while Obama was in office.

[JohnnyRingo]

18. There are no liberals on the Supreme Court

and I hate when they define them as such.

Some are less conservative than others, but no one rises to the level of qualifying federal judge being a tree hugging feed the poor working class hero liberal.

Having said that, Breyer should retire soon enough to avoid the risk of a potential senate minority trying to appoint a replacement after the 2022 midterm. He can leave and take care of the Breyer family ice cream company.

Wrong Breyer? Then he can go home and spend his remaining days watching Wheel Of Fortune and eating Ben and Jerrys like other "liberals" his age.

[peppertree]

27. Or Soy Delicious

Seriously though, you're right: he really should.

May he live to be a hale and hearty 100; but he's really taking chances with the court - and the country.

[BeyondGeography]

19. Pathetic

Link to tweet

[Janbdwl72]

41. Good for them!

Too bad they don't have more influence over Breyer.

[OneCrazyDiamond]

25. I got a better idea.

Justices Thomas and Alito should retire NOW.

[clementine613]

26. Even better, they should be impeached. But that'll never happen since the Rethugs...

... would never consider a fair hearing on the subject.

[FBaggins]

28. Plenty of Democrats would reject it as well

Trump was one thing. He made it comparatively easy.

But too many Democrats have to run in competitive states/districts. Trying to get a SCOTUS justice off the bench without much clearer criminal behavior would cost us elections (and without any chance of actual success).

[OneCrazyDiamond]

31. What ever it takes to restore some kind of balance.

I hope we shift it back to our favor while the gettin's good.

[OneCrazyDiamond]

36. That has my support.

[SunSeeker]

30. His first consideration should be what is best for the country.

This isn't about him.

[Mysterian]

32. Your country should be number one, Justice Breyer

Retire and let President Biden get a young liberal on the court.

[VarryOn]

33. In the real world, most people hang it up late fifties to mid-sixties...

But, notice how politicians (judges are politicians, too) don't often quit until well beyond that. It's hard to let go of power. Power corrupts...you know the rest.

[summer_in_TX]

34. I heard Nina Totenberg discuss the calls for Justice Breyer's retirement.

Apparently they were coming so frequently, publicly, and over the top that it rose to the threshold to be covered on NPR.

I remember her saying something to the effect that human nature could mean that those calls would make it absolutely the last thing Breyer would do. I could relate to that. People pushing me make my (figurative) mule ears lay back, while pulling triggers the instinct to pull back and away.