Opinion | chrisgeidner: What does Justice Breyer do if the Democrats lose the Senate in the coming term? Does he plan to stay until another Democratic president has a Democratic Senate to confirm his successor, and will his health allow him to do so?
As the court takes on these topics again, Breyer likely believes — as suggested in his comments to CNN — that he’s in a better position than anyone else to help protect liberal interests on those issues.
Even if Breyer is right, though, it still leaves him — and the country — dependent on three gambles on his part breaking his way. The first is that the likely ability of Biden to appoint his successor is hanging by a thread in the Senate. Despite his pressing of a nonpoliticized vision of a judiciary, Breyer doesn’t exist in a vacuum.
Secondly, and less discussed: Can Stephen Breyer on his own do anything to stop the conservatives when they want to act? Despite hisfrom a truly fringe challenge, he was not able to stop the conservatives from taking their hammer to voting rights, donor disclosure laws, or labor organizing during the last term.
What makes Breyer think he’ll be more successful with abortion rights than with those major cases this past term, let alone other issues where he found himself in the minority on an even less conservative court in the past? Why would he’d be better at doing so than a new, younger justice — particularly when Biden has pledged that his
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