After Ruth Bader Ginsburg lost lefties a seat by refusing to retire, what were the odds that Justice Breyer would stick it out?
A pressure campaign earlier by lefties didn’t succeed in getting Breyer to step down. If anything, it seemed to have hardened his resistance, and he began emphasizing the Court as an apolitical institution.
Was that going to last?
Now Justice Breyer, like everyone else, expects Biden to lose and will step down. The only question is whether like Kennedy, Breyer has handpicked a successor or if he’s going to leave it to Biden.
If Biden gets a nominee, it’s almost certainly going to be a crazy leftist, likely a minority, who, like Sotomayor, will have little impact on the court, and little understanding of the law.
Breyer’s nominee might be more impactful.
But generationally the odds are that the new justice will be more radical than Breyer. The question is whether the GOP will take this opportunity to challenge a radical nominee or give her a pass.
Either way though Breyer has offered his verdict on Biden’s reelection chances.