The left has been pushing hard for liberal Supreme Court Justice Stephen Breyer to retire in 2021 so that Biden can fill his seat.
The demand for Breyer to retire came after a speech he made at Harvard Law School to students and alumni in which he warned that court packing could harm the rule of law in the U.S..
“Proposals have been recently made to increase the number of Supreme Court justices. I’m sure that others will discuss related political arguments,” he said. “This lecture reflects my own effort to be certain that those who are going to debate these questions … also consider an important institutional point. Consider it. Namely, how would court packing reflect and affect the rule of law itself?”
Breyer said that he aimed “to make those whose initial instincts may favor important structural change, or other similar institutional changes, such as forms of court packing, think long and hard before they embody those changes in law.”
We can't afford to risk Democrats losing control of the Senate before President Biden can follow through on his promise to nominate the first Black woman Supreme Court justice.
It's time for Justice Breyer to announce his retirement. pic.twitter.com/emqZ4Vc1FM
— Demand Justice (@WeDemandJustice) April 9, 2021
Some on the left reacted negatively to Breyer’s comments. Demand Justice, a liberal group dedicated to making the federal courts more left-leaning, responded by doubling down on its calls to “Expand the Supreme Court.”
Days later, Demand Justice is further lashing out at Breyer, who for decades has sided with left-leaning litigants more often than not.
“Breyer, retire,” a billboard truck paid for by Demand Justice, that was driving around Capitol Hill Friday, reads. “Don’t risk your legacy.”
“It’s time for Black woman Supreme Court justice. There’s no time to waste,” was seen on the side of another truck.
Breyer argued that making structural changes like court packing would harm the courts credibility.
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Biden Eyes Changes to U.S. Supreme Court
President Joe Biden is exploring making changes to the U.S. Supreme Court.
The president plans to issue an executive order today to set up a presidential commission to examine “the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices,” among other things.
The commission will be co-chaired by Bob Bauer, who was a legal adviser to Mr. Biden’s 2020 campaign, and Cristina Rodríguez, a Yale law professor and former deputy assistant attorney general during the Obama administration.
The White House named a total of 36 commissioners to the panel on Friday. Others include Harvard Law Professor Laurence Tribe and Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense & Educational Fund Inc.
The commission should have a report completed within 180 days of its first meeting.
The Times points out the news of the commission comes as liberals pressure Justice Stephen Breyer to retire.
Just this week, Breyer warned against court packing—something many Democrats would love to see Biden implement at the Supreme Court.
In a speech prepared for Harvard Law School, Breyer said, “Structural alteration motivated by the perception of political influence can only feed that perception, further eroding that trust.”
For the full report, click HERE.
Pelosi Calls Barrett 'an illegitimate Supreme Court justice'
During an Election Day press call, House Speaker Nancy Pelosi labeled Amy Coney Barrett an “illegitimate Supreme Court justice”. Just as they did not accept the results and have still not accepted the results of the presidential 2016 election, it’s not surprising the way they are treating ACB and her appointment to the Supreme Court.
Pelosi had this to say on Tuesday, “The president is installing an illegitimate Supreme Court justice just one week before the election, after 60 million Americans have voted, who will dismantle the ACA and won’t say, by the way, when asked by Sen. [Dianne] Feinstein, do you think Medicare is constitutional? She said she really couldn’t say.”
Barrett’s appointment to the high court means there are now six justices who were confirmed under Republican presidents, and three justices appointed under Democratic presidents – a balance that Democrats fear does not properly represent the values of American voters.
Democrats flatly rejected the GOP’s push to confirm Barrett just one week before the general election after millions of Americans had already cast their votes.
Senate Judiciary Committee Democrats boycotted the initial vote that would push through Barrett’s confirmation process late last month, prompting the committee’s Republicans to unanimously consent to advance her appointment.
The move pushed forward by Chairman Lindsey Graham, R-S.C., broke the committee’s rules, which requires at least two members of the minority party to be present in order for there to be a quorum to “transact” business.
Graham disregarded the rules and held the 12-0 vote, without a single Democrat present.
Senate Minority Leader Chuck Schumer, D-N.Y., responded angrily and said, “To call this process illegitimate is being too kind.”
He added: “Senator Graham has broken the rules of the committee to move forward with a vote on Judge Barrett to rip away health care from millions.”
To call this process illegitimate is being too kind.
Senator Graham has broken the rules of the committee to move forward with a vote on Judge Barrett to rip away health care from millions.
The American people oppose this.
Democrats will not stop fighting this nomination. pic.twitter.com/vUl1usTMGf
— Chuck Schumer (@SenSchumer) October 22, 2020
The Democrat’s have fought against everything the Trump administration has tried to do even before he was president. Pelosi calling anyone illegitimate is laughable at best.