Breyer bags it; liberal justice to retire from high court

The Roberts Court, April 23, 2021
Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor
Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett.
Photograph by Fred Schilling, Collection of the Supreme Court of the United States

Liberal Supreme Court Associate Justice Stephen Breyer has announced he will retire at the end of the court’s current term, setting off a wave of speculation about who President Joe Biden will nominate to fill the vacancy, as liberals are already calling on him to nominate a Black woman.

In what some might call a textbook example of symbolism over substance, U.S. Sen. Patty Murray (D-Washington) was first out of the gate declaring, “In the wake of Justice Breyer’s retirement, I want to voice my support for President Biden in his pledge to nominate the first Black woman to the Supreme Court. The Court should reflect the diversity of our country, and it is unacceptable that we have never in our nation’s history had a Black woman sit on the Supreme Court of the United States.”

The 83-year-old Breyer has been under intense pressure from the left to step down and allow Biden to nominate a replacement. Whoever Biden recommends, it will undoubtedly be a liberal, regardless of gender or ethnicity.

Sen. Chuck Schumer, the anti-gun New York Democrat, ws quoted by Fox News asserting Breyer’s replacement will be “confirmed by the full United States Senate with all deliberate speed.”

According to NBC News, Breyer is the oldest member of the high court. He was appointed by former President Bill Clinton. NBC speculated that possible replacements might include U.S. Circuit Judge Ketanji Brown Jackson of the Court of Appeals for the District of Columbia, a former Breyer law clerk; and Leondra Kruger, a justice on California’s Supreme Court.

Breyer was one of the dissenters to the Supreme Court’s ruling in District of Columbia v. Heller, which affirmed the Second Amendment protects an individual right to keep and bear arms unconnected to service in a militia.

Proponents of the individual right interpretation, which is now the law of the land, contend the right to bear arms extends beyond the doorway of one’s home, while the gun prohibition lobby and its allies in government insist the right to bear arms is confined to the home. No other right enumerated in the Constitution is limited to someone’s house, and no other right is dependent upon one’s service in a militia.

Biden is certain to want someone on the court who adheres to the restrictive interpretation of the Second Amendment, thus maintaining at least three liberals on the court, which now appears to be split 6-3 with a conservative majority.


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