If Biden is sworn in 1/20/21, should 82-year-old liberal SCOTUS Justice Breyer retire soon?

[Blue3]

If Biden is sworn in 1/20/21, should 82-year-old liberal SCOTUS Justice Breyer retire soon?

[Bootes Void]

If Biden is sworn in 1/20/21, should 82-year-old liberal SCOTUS Justice Breyer retire soon?

Yea of course

[○∙◄☻¥tπ[╪AV┼cVê└]

If Ds have at least 51 seats, then mid year 2022. Sooner if Ds have exactly 50.

[brucejoel99]

If Biden is President & there's a Democratic Senate, then there's no way he doesn't retire next summer.

[Hope For A New Era]

Yes. I'd hope we have learned from our mistakes.

[Ferguson97]

Yeah, but he doesn't have to on Day One. Mid-2022 is fair.

[Amenhotep Bakari-Sellers]

No, he shouldn't, he doesn't have cancer, and cancer is very painful when you have to sit, on the bench for long periods of time

[NewYorkExpress]

Republicans are almost certainly going to reinstate the filibuster in the lame duck so they can block Biden's cabinet nominees/any Supreme Court nomination.

Keep that in mind.

[Pericles]

Yes he should, provided there is a Democratic Senate. Though maybe he could wait until the end of 2021 or something, so that Biden can spend his early political capital on legislative accomplishments and not get bogged down in a SCOTUS fight and perhaps then be less able to get his actual policies done later.

[Amenhotep Bakari-Sellers]

Breyer has no plans to retire, as I stated before Pancreatic cancer, or colon cancer affects the way you sit on the bench for long periods of time, thats why RBG didn't last much longer while she was affected by this.

Most of my grandmas died from colon or pancreatic cancer, none of the men died in this manner. You can't sit.

[○∙◄☻¥tπ[╪AV┼cVê└]

Breyer has no plans to retire, as I stated before Pancreatic cancer, or colon cancer affects the way you sit on the bench for long periods of time, thats why RBG didn't last much longer while she was affected by this.

Most of my grandmas died from colon or pancreatic cancer, none of the men died in this manner. You can't sit.

Was it most, but not all of your grandmas?

[Indy Texas]

If Ds have at least 51 seats, then mid year 2022. Sooner if Ds have exactly 50.

You don't want to be doing it right before the midterms.

[𝕭𝖆𝖕𝖙𝖎𝖘𝖙𝖆 𝕸𝖎𝖓𝖔𝖑𝖆]

If Ds have at least 51 seats, then mid year 2022. Sooner if Ds have exactly 50.

You don't want to be doing it right before the midterms.

Joe Biden would not nominate someone with Kavanaugh's... skeletons. At least, I hope.

[Joe Republic]

Nah, just wait another decade and then die in the middle of President Alex Jones' term alongside a Republican Senate majority.

[Rand]

No, he shouldn't, he doesn't have cancer, and cancer is very painful when you have to sit, on the bench for long periods of time

It’s true, nothing aggravates cancer more than a wooden bench.

[Inmate Trump]

Every liberal justice over 70 needs to retire if Biden wins.

[cwh2018]

If there are 50 democrats in the senate he should and most likely will retire next summer.  Reagan got a vacancy in '81,Clinton in '93,Obama in 2009 and Trump had a vacancy, but Scalia or Kennedy probably retire in 2017 without any drama.

[𝕭𝖆𝖕𝖙𝖎𝖘𝖙𝖆 𝕸𝖎𝖓𝖔𝖑𝖆]

Every liberal justice over 70 needs to retire if Biden wins.

Every liberal justice over 70 = Stephen Breyer

What's your point?

[°Leprechaun]

Every liberal justice over 70 needs to retire if Biden wins.

Rather than "packing" the court, could Congress make an "ex post facto" rule
that limits terms or sets a mandatory retirement age?

Is there anything in the Constitution that would make this impossible?

[rhg2052]

Republicans are almost certainly going to reinstate the filibuster in the lame duck so they can block Biden's cabinet nominees/any Supreme Court nomination.

Keep that in mind.

So just.... get rid of the filibuster again.

[Del Tachi]

He probably, and Biden has committed to nominating a woman as his first SCOTUS pick so we'll be up to 4 women on SCOTUS by the end of 2021 in all likelihood.

Which brings up an interesting point...will future presidents (Republican or Democrat) want to invite the potential drama from appointing a man to succeed a female justice?  or a White justice to succeed a minority justice?  or have certain SCOTUS seats pretty much been reserved for women/minorities going forward?   

I'll miss Breyer; him and Thomas are my two favorite justices.

[Calthrina950]

He probably, and Biden has committed to nominating a woman as his first SCOTUS pick so we'll be up to 4 women on SCOTUS by the end of 2021 in all likelihood.

Which brings up an interesting point...will future presidents (Republican or Democrat) want to invite the potential drama from appointing a man to succeed a female justice?  or a White justice to succeed a minority justice?  or have certain SCOTUS seats pretty much been reserved for women/minorities going forward?   

I'll miss Breyer; him and Thomas are my two favorite justices.

Why so? I know that Breyer and Thomas, despite their ideological differences, have a very good relationship.

[Del Tachi]

He probably, and Biden has committed to nominating a woman as his first SCOTUS pick so we'll be up to 4 women on SCOTUS by the end of 2021 in all likelihood.

Which brings up an interesting point...will future presidents (Republican or Democrat) want to invite the potential drama from appointing a man to succeed a female justice?  or a White justice to succeed a minority justice?  or have certain SCOTUS seats pretty much been reserved for women/minorities going forward?   

I'll miss Breyer; him and Thomas are my two favorite justices.

Why so? I know that Breyer and Thomas, despite their ideological differences, have a very good relationship.

When Thomas hits he's on-point, and his style of writing is the most approachable to a non-jurist like myself (Thomas himself was only a judge for 18 months before being appointed to SCOTUS).  Breyer's legal approach primarily revolves around more functional or practical concerns, which is a nice reprieve given how much more ideologically-animated the Court has recently become.

[Stand With Israel. Crush Hamas]

I'd say so - he's had a good career and doesn't seem like he's holding on for dear life. I suspect RBG was so motivated by her judicial career that it may have given her the strength to hold on longer.

[Chickpeas]

Maybe he will wait until he is 90 like John Paul Stevens did?