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u/Hrekires
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Jan 26 '22
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Justice Stephen Breyer to retire from Supreme Court, paving way for Biden appointment
https://www.nbcnews.com/politics/supreme-court/justice-stephen-breyer-retire-supreme-court-paving-way-biden-appointment-n128804212.1k
u/753951321654987 Jan 26 '22
Incoming mitch McConnell " its too soon before the midterms to appoint anyone "
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u/OonaLuvBaba Jan 26 '22 •
And that's why it is good that he is not the Senate Majority leader. This is exactly why it was crucial that Georgia elected Ossoff and Warnock.
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u/jackmon Jan 26 '22
Unfortunately the way voting access is going in Georgia, I don't know if they'll be there for long.
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u/gusterfell Jan 26 '22
Which is why Breyer is retiring now.
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u/LeCrushinator Jan 26 '22
Yep, a new judge would need to be appointed before the next congress.
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u/mundungus-amongus Jan 26 '22
Well the process only takes a couple of weeks as we recently learned
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u/Mragftw Jan 27 '22
I can't wait for fox News to start spouting off about some reason its unfair to put a new Supreme Court Justice through right now
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u/wrongtester Jan 26 '22
If only Ruth knew to do the same
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u/Realtrain Jan 26 '22
Obama basically begged her to.
She wanted to be replaced by Hillary Clinton.
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Jan 26 '22
If the “deep state Dems” were as powerful as the GQP says they are, they could’ve been able to pull a Weekend at Bernie’s with RBG until 2021 at the least.
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u/Kixaz007 Jan 26 '22 •
Warnock just raised $23M for re-election. Let’s hope it’s enough Warnock Re-election Warchest
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u/gummybronco Jan 26 '22
Doesn’t matter anyway because Republicans aren’t able to block it
For what it’s worth, that argument was only for presidential election years in the past, unless he now chooses to shift it
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u/gusterfell Jan 26 '22
In 2020 McConnell had no problem amending his original argument to "no nomination in a presidential election year, unless the same party controls both the Senate and the White House." He'll have no trouble coming up with some other lame excuse to amend it further.
Not that it matters, thanks to Harry Reid.
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u/guyblade Jan 27 '22
I mean, the argument is "no nomination unless it is politically advantageous to me". Everything else is just half-hearted excuses.
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u/Ask_Who_Owes_Me_Gold Jan 26 '22
For what it’s worth, that argument was only for presidential election years in the past, unless he now chooses to shift it
It was never an argument until he chose to shift it.
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u/T1mac Jan 26 '22
It was never an argument to begin with until 2016 and Merrick Garland. It's a total power grab by Moscow Mitch and the Dems let him get away with it.
BTW Mitch turned around and promptly broke his rule with Amy COVID Barrett who was confirmed a week before election day and when voting was actively happening for two months.
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u/timecodes
Jan 26 '22
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They begged RBG to retire while Obama was president look what happened. Kudos to this guy.
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u/Jakaal Jan 26 '22 •
I personally think time in office should be capped for Justices right along with term limits for Senators and Reps. When the lifetime appointments thing was written, it was only expected to be 10 to 20 years tops. Now we have justices that can be on the bench for almost 50 fucking years.
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u/EmotionalSuportPenis Jan 26 '22 edited Jan 26 '22
I'm of the opinion that you shouldn't be able to hold any kind of public office past the age of 65. That's the standard retirement age so you should be getting bundled off for your golden years with a nice pension, but aside from that, physical and mental performance starts to significantly degrade past that point and most of these elderly people clinging to leadership positions have proven that they can't be trusted with long-term decision making anymore.
Mandatory retirement at 65 for public servants works well for a lot of reasons. Hell, extend it past elected officials and make it a thing in every government position from federal to state to local, from the local building inspector's office to the Presidency. There are problems at every single level that could potentially be solved just by forcing the average age of the people occupying those positions down.
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Jan 26 '22
I would probably say 70 with the actual retirement age being what it is. But also for a Justice an age floor of 50, so effective a 20 year term.
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u/valvin88 Jan 26 '22
I guess they finally learned their lesson after handing the reds a 6/9 super majority.
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u/MantisToboganMD Jan 26 '22
Exhausted with people who refuse to accept criticism of RBG for that. We can all appreciate the work she did half a century ago but holding onto the reins of power into the twilight of her life was pure ego. Imagine having that much of an attachment to your position of power (yet needing for nothing financially) that you jeopardize everything you worked for.
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u/Darwins_Rhythm Jan 26 '22
She was known for having a pretty massive ego, and all the hagiography that was happening near the end of her life probably didn't help much.
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u/Slit23 Jan 26 '22
Seriously! She could have enjoyed her last years and made sure someone with near the same values took her place but no she let us know she didn’t care what happened with the court after her death she was going to keep her spot till the end.
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u/DerelictDonkeyEngine
Jan 26 '22
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Mitch McConnell: "We will not allow a new Supreme Court Justice to be seated in an election century."
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u/KaamDeveloper Jan 26 '22
Good thing Turtle Man isn't setting the rules then, eh?
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u/thenewyorkgod Jan 26 '22
in turtly voice: "There's actually an established precedent for that. In fact, not a single supreme court justice was nominated in the entire 17th century. Now is not the time to break with that tradition"
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Jan 26 '22
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u/jchodes Jan 26 '22
Charles Koch should be number one. Stop looking at the whores in the street and go for the pimp.
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u/JohnLockeNJ
Jan 26 '22
edited Jan 26 '22
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Breyer couldn’t have done it during Trump years because he would want a liberal replacement. He couldn’t retire in 2021 as it would look political, like he was just waiting for Trump to leave. He couldn’t do it around election time as it would become even more political than it usually is. He couldn’t do it after mid-terms because Democrats are likely to lose the Senate.
Given how long past confirmations have taken, his window for doing this was likely Jan-May 2022. He picked end of Jan to give more leeway for obstacles.
Edit: Added 1 to each of the years because WTF was I thinking writing 2020/2021 instead of 2021/2022
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u/unidentifiedfish55 Jan 26 '22
Jan-May 2021
It's 2022, mate.
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u/Generation_ABXY Jan 26 '22 •
Doctor: "And have you experienced any loss of time?" Patient: stares in pandemic
For me, things have been a blur since March of 2020.
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u/Abominationally Jan 26 '22
March of 2020
November of 2015.
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u/theycallmecrack Jan 26 '22
I just realized I have no significant memories from 2017-now. In a few years I probably won't remember anything besides where I lived.
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u/Redditthedog Jan 26 '22
He likely won't step down till June as he probably wants to stay on to vote on cases
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u/JohnLockeNJ Jan 26 '22
That’s makes sense and is part of why I thought May would be the latest that he would announce.
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u/Brodogmillionaire1 Jan 26 '22
He couldn’t retire in 2021 as it would look political, like he was just waiting for Trump to leave.
Could you explain why he couldn't do it then? Of course retiring is inherently political in this office. It's not like he's fooling anyone retiring now, right?
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u/DUTCH_DUTCH_DUTCH Jan 26 '22
which is really dumb so i'm glad to see he either changed his mind or really pretended to be a moron all that time
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u/Necromancer4276 Jan 26 '22
He couldn’t retire in 2021 as it would look political, like he was just waiting for Trump to leave. He couldn’t do it around election time as it would become even more political than it usually is.
Why does he care?
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u/muskratboy Jan 26 '22
But there’s only 3 years until the next election, it’s way too close!
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u/jeff_the_weatherman Jan 26 '22
“Republicans aren’t on board, so this is too partisan for me to support” -manchin
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u/Tbone139 Jan 26 '22
"Here's some more dollary-doos!"
-previously-exposed billionaire donors
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u/Nytfire333 Jan 26 '22
Don't give him the ideas, at least make him come up with it on his own
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u/VAisforLizards Jan 26 '22
Sinema is the worst. Manchin has never changed he has always been barely a democrat in a the deep red state of WV. Sinema on the other hand is a vile piece of hot roasted shit that has turned her back on the party and values she once championed (at least in campaign speeches)
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u/Etheros64 Jan 26 '22
I expect Manchin to act how he does, it's how he was elected. I don't think any other blue candidate could get elected in WV. Even if he occasionally votes against the party, having that seat be blue is marginally better than it being red. Sinema absolutely disgusts me. Running as a progressive then immediately caving into corruption and selling away both your position and integrity should be grounds for removal from office and substantial fines.
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u/chamtrain1 Jan 26 '22
They'll argue that it's a midterm year and we should wait to hear the will of the people, you can count on that. If one Dem breaks ranks this will not happen.
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u/Gunjink
Jan 26 '22
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**Mitch McConnell, dressed in a spandex onesie, steps up and claps his hands in white chalk, preparing for the obstructionist, mental gymnastics performance of his life.
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u/swill128 Jan 26 '22
"we legally can prevent a liberal appointee so we're going to"
It's not really anything hard to understand.
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u/Rorako Jan 26 '22
He doesn’t even need to hide it anymore. In fact, if he came out and said this I’m sure he’d gain voters.
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u/Legalistigician
Jan 26 '22
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Good on him.
God rest her soul, but Ruth Ginsberg really put the entire left back by choosing to stick around so long instead of retiring during Obama’s two terms.
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Jan 26 '22
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u/csesium Jan 26 '22
Ah hubris. A shame she couldn't remember she's 81 and could die at any moment and think about who may come after her instead of thinking she's the greatest.
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u/2hoty Jan 26 '22
This 100%. 81 years old and doesn't leave when a reasonable person could replace her.
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u/Archetype_FFF Jan 26 '22
The most cocky woman ever. Has pancreatic cancer for ten years, misses oral arguments all the time in her final two years, and physically looks dead but still refuses to retire thinking "I'm the best you've got."
What the fuck?
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u/h0bb1tm1ndtr1x Jan 26 '22
Someone remind Pelosi and the other 75+ year old politicians. They're one icy step away from hurting us all with their selfishness.
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u/shugbear Jan 26 '22
Pelosi passing away suddenly wouldn't have anywhere near the impact of RBG's passing or if another justice passed while there was a GOP president.
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u/scorpionjacket2 Jan 26 '22
Pelosi's district is in San Francisco, there's zero chance she'd be replaced with anyone but a Democrat.
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u/Catlover18 Jan 26 '22
Those politicians are still elected, so theoretically their constituents would just vote the next candidate with the right letter next to their name. And if they don't then it probably was that old politician holding the seat and not the party.
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u/DUTCH_DUTCH_DUTCH Jan 26 '22
Pelosi represents San Fransisco, and her replacement will be filled by an election. there is zero reason for her to retire unlike geriatric justices.
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u/yenom_esol Jan 26 '22 edited Jan 26 '22
Who are you going to get who will be better than me?
Apparently the answer is a theocrat that will undo her life's work. Well played RBG... :(
Edit: wrote RGB instead of RBG
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u/Jimid41 Jan 26 '22
Who are you going to get who will be better than me?
Somebody that's likely to be alive in five years is the obviously truthful though not tactful answer.
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u/siromega Jan 26 '22
Well I don’t know about decades. Clarence Thomas is in his early 70s. If he were to die unexpectedly like Scalia during a Dem administration where they have the senate they could get the seat back.
Dems just need to make sure they win senate seats. They went from expecting to have 53 seats on election night to 50 after two run-offs. Imagine how much less drama there would have been if dems had 53 seats and we didn’t give a shit about Manchin or Sinema on the 50-vote issues.
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u/jeffderek Jan 26 '22
during a Dem administration where they have the senate
Yeah good luck with this happening again anytime soon.
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u/Snickersthecat Jan 26 '22
Alito isn't a spring chicken either, and I would say him and Thomas are the most partisan justices on the court by a huge margin.
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u/PoissonsRevenge Jan 26 '22
If the Republicans take the White House and Senate in the next 10 years, you can bet they're being replaced with young justices.
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u/Matrix17 Jan 26 '22
RBG was an idiot when it came to this. She literally made the world a worse place for those left after her. Let the downvotes commence
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u/Pwthrowrug Jan 26 '22
Only upvotes from me. It was pure selfishness and grand standing on her part to not pass her seat to someone who could continue her legacy.
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u/hoosakiwi Jan 26 '22
Yeah. RBG is an icon, but her decision to stay on the court might just have totally fucked Roe v Wade and her work to further women's rights.
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u/moogly2 Jan 26 '22 edited Jan 26 '22
She was never a fan of how Roe v Wade was argued. She thought "Privacy" was weak argument, overly broad, and if anything should have been Legislatively passed. She though Equal Protection, "Gender Equality" be better foundation
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u/CrushHazard Jan 26 '22 •
I agree with her. We should have codified the right to medical self-determination long ago.
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u/YouSoIgnant Jan 26 '22
Why won't D's push it in their legislation? I do not think it is as popular nation-wide as people think it is.
States need to do it.
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u/s0m3f00l Jan 26 '22
The real question is why didn't they do anything on abortion when they had the super majority or statehouses or governorship's?
Its almost like they want to punt the issue to avoid any possible political blowback despite pretending to stand firm on the matter. But what do I know I am sure its all in good faith and I just don't understand anything about politics.
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u/Malaix Jan 26 '22
From what I recall roe v wade is generally considered badly argued by all sides. It’s just the result outweighs the technicality of the method for pro-choice advocates.
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u/patrickfatrick Jan 26 '22
Absolutely, we should not have taken precedent for granted and it should have been made law decades ago.
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u/malektewaus Jan 26 '22
She was diagnosed with pancreatic cancer two weeks into Obama's first term, after having already survived cancer once before. And she still didn't retire. Ultimately that's the only aspect of her legacy that will have a lasting impact. The rest, she burned on the altar of her pride and hubris.
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u/mckeitherson Jan 26 '22
Agreed. I get that they don't want the courts to look political, but guess what? They already are and the country can see that. If she wanted to preserve her legacy and precedents set, she should have retired. Glad Breyer is doing it now.
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u/IanMazgelis Jan 26 '22
I think Ginsberg set a precedent for retiring while a member of your party is president. I know we're supposed to pretend the Supreme Court isn't partisan, but for as long as any sitting members of the court are alive, I don't think anyone is going to wait it out until death after Ginsberg swore up and down she'd never die when a Republican would pick her replacement, then did since we absolutely don't countrol our own deaths.
Mortality is just something that's going to catch up with you. If justices are loyal to their end of the political spectrum- And yes, they are, Ginsberg herself made it very, very clear- Then they shouldn't be gambling on something like that. It's just a silly bet to make when you consider the risk of being replaced by someone who would vote against you versus the reward of not experiencing retirement.
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u/l0c0dantes Jan 26 '22
Ginsberg swore up and down she'd never die when a Republican would pick her replacement, then did since we absolutely don't countrol our own deaths.
If she said that, it is like, peak hubris, goddamn.
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u/Throwimous Jan 26 '22
When Obama got elected, everyone was so damn sure Republicans had been reduced to a regional party.
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u/Syscrush Jan 26 '22
And when GWB was elected, Karl Rove crowed about installing a "permanent Republican majority".
The only constant is the ebb and flow of power between these two parties.
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u/nwdogr Jan 26 '22
I'm kind of curious about one thing - are SCOTUS justices allowed to coordinate with the White House on retirements? Like talking with the President on what the best time is and whether a replacement is likely to be approved and who it might be?
Or is that breaching separation of powers and justices just have to retire without warning and hope the administration doesn't drop the ball in replacing them?
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u/Hrekires Jan 26 '22
Nothing legally preventing it.
See also: Justice Kennedy asked Trump to put Kavanaugh on Supreme Court list, book says
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u/Kelend Jan 26 '22
Scalia asked for Kagan
I have no illusions that your man will nominate someone who shares my orientation. But I hope he sends us someone smart. Let me put a finer point on it. I hope he sends us Elena Kagan.
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u/Beastw1ck Jan 26 '22
Mitch McConnell: "With only 3 years until the next presidential election..."
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u/Perfect600 Jan 26 '22
They need to push it through as quickly as possible.
Oh who are we kidding they will wait til they lose the midterms
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u/Xerxero Jan 26 '22 edited Jan 26 '22
Bet they fuck it up somehow.
!Remindme 6months
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u/caesar____augustus Jan 26 '22
Ketanji Brown Jackson has been touted before as a possible replacement. Recently got appointed to the DC Court of Appeals and replaced Merrick Garland.
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u/foreheadteeth Jan 26 '22
I binge watched a bunch of "Innocence Project" documentaries a little while back, and one of the guys pointed out that most (all?) the supreme court justices had been prosecutors. He said something like, it's not enough to have ethnic/gender diversity, we need a diversity of ideas, someone who was on the side of defending instead of prosecution.
In any case, one of the things that I noticed on Jackson's page is that she used to be a public defender.
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u/gsfgf Jan 26 '22
Not just SCOTUS justices. It's a problem at all levels. I'd be thrilled if Biden appoints a former defense attorney.
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u/Peter_Panarchy Jan 26 '22
That's actually a major theme of Biden's judicial nominees, vastly more former defense attorneys than previous administrations.
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u/Lujho Jan 27 '22
Whoa whoa whoa there, buddy. You can’t just put in a new judge a mere three years away from an election.
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u/PotatoDonki Jan 26 '22 edited Jan 26 '22
Wow, a justice humble enough to actually retire at the right time!
This is harsh, but what did RBG accomplish in the extra few years she hung on without retiring? My perception is that she basically spent that time on leave getting treatments, and every time I heard her speak I couldn’t imagine she was getting legal work done very efficiently. Apparently she even claimed working in the court helped her mourn her husband when asked why she wasn’t retiring. Which is absolutely ridiculous! This is a nation’s legal system, not your therapy session! She should have retired years before she died. And the proof was in the pudding on that one.
Good on this Justice, and congrats on his retirement.
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u/joevsyou Jan 26 '22
You honestly have a point.
Unfortunately our judges are political pointed even though they should be hardcore independent down the middle.
These justices know how this works... retire. They literally get a lifetime pension, so money cannot be a concern.
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u/LelouchViBri
Jan 26 '22
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RBG biggest blunder is dying with the baton.
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u/SamCarter_SGC Jan 26 '22 edited Jan 26 '22
understatement of the year
she undid her entire life's mission and legacy
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u/hoosakiwi Jan 26 '22
Just watch Republicans get pissy that Dems are going to try to seat a new Justice so close to elections.
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u/jojoblogs Jan 27 '22
We’re about to see McConnell explain that it’s undemocratic to appoint a new judge so close to midterms
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u/Sacred_Fishstick Jan 26 '22
I'm calling it now, the dems will somehow fail to ram through an appointment in time for mid terms. I don't yet know how or why but they'll manage to fuck it up.
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u/Mehnard Jan 26 '22
Would you look at that? Breyer doing what Ginsburg should have done. Maybe he saw the handwriting on the side of the crypt?
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u/salsanacho Jan 26 '22
On a non-political note, I never understood why the Supreme Court doesn't have a age requirement for retirement. I don't care how spry they think they are, I don't want an 83yo on the nation's most important court. Maybe put a cap at 75 or something in the low 70's.
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u/GoArray Jan 26 '22 edited Jan 27 '22
The reasoning is if a judge has to plan for their next job, they may use their position in current job to secure it.
Scotus retirement 'only' pays
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u/jonny_mem Jan 27 '22
Scotus retirement is their highest full salary, assuming they meet length of service and age requirements.
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u/_C00KIE_M Jan 27 '22
“A President who has 3 years left can’t appoint a new judge” -Mitch McConnell in 24 hours
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u/kenos99 Jan 26 '22
Well now we know what the next great national debate will be about. Can’t wait to be called all sorts of names by strangers on the internet when I voice my opinions on his replacement!
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u/allonzeeLV Jan 26 '22 edited Jan 26 '22
I have a couple of questions:
How will Republicans steal this seat?
And related:
How will Democrats let them in order to claim that sweet, sweet indignance?
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u/Point9RepeatedIs1 Jan 26 '22
If even one Democratic senator balks through midterms, we'll have only 8 Justices until the next Presidential election