Breyer not retiring
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Author Topic: Breyer not retiring  (Read 3339 times)
Amenhotep Bakari-Sellers
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« on: July 02, 2021, 04:17:31 PM »

https://www.yahoo.com/news/justice-stephen-breyer-hires-law-192444517.html

Hires more law clerks, why should he Ds are favs to win at least hold A after 2022, and for Prez in 2024
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Catholics vs. Convicts
Illiniwek
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« Reply #1 on: July 02, 2021, 04:47:10 PM »

https://www.yahoo.com/news/justice-stephen-breyer-hires-law-192444517.html

Hires more law clerks, why should he Ds are favs to win at least hold A after 2022, and for Prez in 2024

Because crazy s*** can come out of nowhere and completely flip either race on its head no matter how well it looks like Biden and the Democrats are doing. A natural disaster, a geopolitical confrontation, A GLOBAL PANDEMIC. Then oops. We blew the election and now there's going to be a 7-2 conservative majority.

Very selfish move from Breyer. Very disappointing.
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Inmate Trump
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« Reply #2 on: July 02, 2021, 04:48:11 PM »

Sad
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Amenhotep Bakari-Sellers
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« Reply #3 on: July 02, 2021, 04:52:32 PM »

Breyer was gonna tease us this yr, but realistically, he still has another yr to think about it, he isn't on his death bed or neither D Senator, if Leahy was ill like McCain, he would retire
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politicallefty
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« Reply #4 on: July 02, 2021, 04:53:19 PM »

I think some have theorized that he wants one more term in the traditional format (i.e. on the bench with in-person arguments).
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emailking
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« Reply #5 on: July 02, 2021, 04:57:42 PM »

If Dems lose the Senate he can just immediately retire and a new nominee can be put through in the lame duck. We know it can be done because the Republicans did it in less time with Barrett. The only way in which it's risky is if the Dems lose a Senator.
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Virginiá
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« Reply #6 on: July 02, 2021, 05:06:41 PM »

If Dems lose the Senate he can just immediately retire and a new nominee can be put through in the lame duck. We know it can be done because the Republicans did it in less time with Barrett. The only way in which it's risky is if the Dems lose a Senator.

One issue is that with a 50/50 Senate, even a single sudden scandal+resignation erupting or a Senator passing in a state with a GOP governor could complicate matters for the Democrats.

If he's thinking at all about a replacement, then what Breyer is doing is not unlike Ginsburg's decision not to retire because she thought when she did, a replacement would be made by a Democrat. Breyer might be thinking the same thing, just on a shorter time span. Or, who knows, maybe he doesn't care who his replacement is and he just wants to do what he wants to do. In which case I am sure Republicans are ecstatic and extremely supportive of Breyer's wishes.
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« Reply #7 on: July 02, 2021, 05:35:58 PM »

Ginsburg and Breyer are both holier than thou people....
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GP270watch
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« Reply #8 on: July 02, 2021, 05:42:42 PM »

This is the worst branch of government. We need reform and a very simple thing to start with is put CSPAN style live coverage of all court proceedings. If the American people actually got a good look at how the court functions there would be tremendous sentiment against the way it's structured and runs.
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politicallefty
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« Reply #9 on: July 02, 2021, 05:43:03 PM »

If Dems lose the Senate he can just immediately retire and a new nominee can be put through in the lame duck. We know it can be done because the Republicans did it in less time with Barrett. The only way in which it's risky is if the Dems lose a Senator.

One issue is that with a 50/50 Senate, even a single sudden scandal+resignation erupting or a Senator passing in a state with a GOP governor could complicate matters for the Democrats.

If he's thinking at all about a replacement, then what Breyer is doing is not unlike Ginsburg's decision not to retire because she thought when she did, a replacement would be made by a Democrat. Breyer might be thinking the same thing, just on a shorter time span. Or, who knows, maybe he doesn't care who his replacement is and he just wants to do what he wants to do. In which case I am sure Republicans are ecstatic and extremely supportive of Breyer's wishes.

The general consensus is that the frontrunner for Breyer's seat is Ketanji Brown Jackson, who just recently took her seat on the DC Circuit Court. She clerked for Justice Breyer in the 1999-2000 term. It's worth noting that six of the current nine Justices are former SCOTUS law clerks (Roberts for Rehnquist, Breyer for Goldberg, Kagan for Marshall, Gorsuch for White and Kennedy, Kavanaugh for Kennedy, and Barrett for Scalia). It's been said that Kennedy actually asked for Kavanaugh for replace him on the Court. I don't think Breyer would be so straightforward, although I'd hope that his former law clerk being the likely frontrunner would nudge him into the right decision.
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Progressive Pessimist
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« Reply #10 on: July 02, 2021, 06:46:27 PM »

I hate how I still feel so hopeless about this country's future even though the party that tries governing in goo faith has a trifecta. It's almost even more infuriating than when Trump was President. Don't get me wrong though, I'd still rather live in this present than in the past four years. I just don't feel as sane as would be ideal.
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Greedo punched first
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« Reply #11 on: July 02, 2021, 06:47:51 PM »

Kennedy hired law clerks for the next term just before retiring. Might Breyer announce later during the recess?
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lfromnj
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« Reply #12 on: July 02, 2021, 06:48:23 PM »

This is the worst branch of government. We need reform and a very simple thing to start with is put CSPAN style live coverage of all court proceedings. If the American people actually got a good look at how the court functions there would be tremendous sentiment against the way it's structured and runs.

They can very much read the transcripts.  We don't need a media circus on that.
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Greedo punched first
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« Reply #13 on: July 02, 2021, 06:51:20 PM »

Might he retire in June or July of 2022?
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GP270watch
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« Reply #14 on: July 02, 2021, 06:54:34 PM »
« Edited: July 02, 2021, 06:57:46 PM by GP270watch »

This is the worst branch of government. We need reform and a very simple thing to start with is put CSPAN style live coverage of all court proceedings. If the American people actually got a good look at how the court functions there would be tremendous sentiment against the way it's structured and runs.

They can very much read the transcripts.  We don't need a media circus on that.

 We are in the 21st Century, having people able to read the transcripts or listen to oral arguments is not good enough.

 We have a court that has made it easier for anonymous money to buy and influence elections at the same time they've made it harder to vote and easier for elected officials to pick their voters. That needs to be put on full display.
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brucejoel99
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« Reply #15 on: July 02, 2021, 07:18:19 PM »

Kennedy hired law clerks for the next term just before retiring. Might Breyer announce later during the recess?

Kennedy never went as far as to have the Court's Public Information Office confirm on-the-record that he'd hired clerks. If a Breyer retirement was gonna happen, it would've been by today. He's made up his mind, at least through next summer.
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H.E. VOLODYMYR ZELENKSYY
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« Reply #16 on: July 02, 2021, 07:22:23 PM »
« Edited: July 02, 2021, 09:14:58 PM by Extremely Beatable Titan Keiko Fujimori »

I’ve always thought it made the most sense for him to retire next term. A few weeks on the job is obviously not enough for Jackson to become SCOTUS appointment material.
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Calthrina950
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« Reply #17 on: July 02, 2021, 07:29:01 PM »

This is the worst branch of government. We need reform and a very simple thing to start with is put CSPAN style live coverage of all court proceedings. If the American people actually got a good look at how the court functions there would be tremendous sentiment against the way it's structured and runs.

They can very much read the transcripts.  We don't need a media circus on that.

 We are in the 21st Century, having people able to read the transcripts or listen to oral arguments is not good enough.

 We have a court that has made it easier for anonymous money to buy and influence elections at the same time they've made it harder to vote and easier for elected officials to pick their voters. That needs to be put on full display.

Moreover, C-SPAN has aired live coverage of the U.S. House since 1979 and of the U.S. Senate since 1986. Why should the Supreme Court be any different?
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lfromnj
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« Reply #18 on: July 02, 2021, 08:17:20 PM »
« Edited: July 03, 2021, 02:03:02 AM by lfromnj »

This is the worst branch of government. We need reform and a very simple thing to start with is put CSPAN style live coverage of all court proceedings. If the American people actually got a good look at how the court functions there would be tremendous sentiment against the way it's structured and runs.

They can very much read the transcripts.  We don't need a media circus on that.

 We are in the 21st Century, having people able to read the transcripts or listen to oral arguments is not good enough.

 We have a court that has made it easier for anonymous money to buy and influence elections at the same time they've made it harder to vote and easier for elected officials to pick their voters. That needs to be put on full display.

Moreover, C-SPAN has aired live coverage of the U.S. House since 1979 and of the U.S. Senate since 1986. Why should the Supreme Court be any different?


House coverage can generally also have bold/loud speeches that has a large focus on appealing to the masses in specific. I have no desire to see that happen here with the Supreme Court.
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Calthrina950
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« Reply #19 on: July 02, 2021, 08:31:02 PM »

This is the worst branch of government. We need reform and a very simple thing to start with is put CSPAN style live coverage of all court proceedings. If the American people actually got a good look at how the court functions there would be tremendous sentiment against the way it's structured and runs.

They can very much read the transcripts.  We don't need a media circus on that.

 We are in the 21st Century, having people able to read the transcripts or listen to oral arguments is not good enough.

 We have a court that has made it easier for anonymous money to buy and influence elections at the same time they've made it harder to vote and easier for elected officials to pick their voters. That needs to be put on full display.

Moreover, C-SPAN has aired live coverage of the U.S. House since 1979 and of the U.S. Senate since 1986. Why should the Supreme Court be any different?


House coverage can generally also has bold/loud speeches that has a large focus on appealing to the masses in specific. I have no desire to see that happen here with the Supreme Court.

This much is true. Opening up Supreme Court sessions to C-SPAN isn't a "life or death" issue to me, and in a way, I do like how it is done now. It provides a sort of "antiquity" to the Court's proceedings. But I do wonder how public opinion and regard for the Court would change if the sessions were televised.
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Buffalo Mayor Young Kim
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« Reply #20 on: July 02, 2021, 09:00:28 PM »

Well it’s a good thing that the court is a non-political institution that doesn’t, for example, nullify black letter laws they find inconvenient.
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Skill and Chance
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« Reply #21 on: July 02, 2021, 09:06:57 PM »

Very likely he just retires next summer. 
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I spent the winter writing songs about getting better
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« Reply #22 on: July 02, 2021, 10:12:44 PM »

Kennedy hired law clerks for the next term just before retiring. Might Breyer announce later during the recess?

Kennedy never went as far as to have the Court's Public Information Office confirm on-the-record that he'd hired clerks. If a Breyer retirement was gonna happen, it would've been by today. He's made up his mind, at least through next summer.

Of course Kennedy didn't retire until the summer before the midterms, so if Breyer sticks around for one more year, that's about equivalent.
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ibagli
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« Reply #23 on: July 02, 2021, 10:25:18 PM »

Bring back circuit-riding for 80% of the year and work them till they quit, then do a televised implosion of their palace and send them and their clerks and the fancy lawyers who appear before them off to the federal courthouse in Minot.
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Pericles
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« Reply #24 on: July 02, 2021, 10:47:29 PM »

If he retires in 2022, he wouldn't tell us now.
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