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Tue Sep 22, 2020, 11:25 PM

If/When Biden Wins, Should Justice Breyer Retire During His Term?

He'll be 86 by the time 2024 election comes around.

38 replies, 1037 views

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Reply If/When Biden Wins, Should Justice Breyer Retire During His Term? (Original post)
sfstaxprep Sep 22 OP
Drunken Irishman Sep 22 #1
Upthevibe Sep 22 #2
sfstaxprep Sep 22 #3
tritsofme Sep 22 #4
DonaldsRump Sep 22 #5
Claustrum Sep 22 #7
DonaldsRump Sep 22 #8
tritsofme Sep 23 #21
DonaldsRump Sep 23 #23
BainsBane Sep 23 #29
OAITW r.2.0 Sep 22 #6
MFM008 Sep 22 #9
Demsrule86 Sep 22 #17
roamer65 Sep 22 #10
Demsrule86 Sep 22 #16
Salviati Sep 23 #19
moonscape Sep 23 #30
DirkLerxst Sep 23 #25
BainsBane Sep 23 #28
Rice4VP Sep 22 #11
Polybius Sep 23 #34
Rice4VP Sep 23 #38
VarryOn Sep 22 #12
Patterson Sep 22 #13
Salviati Sep 23 #20
Skittles Sep 23 #31
Klaralven Sep 23 #36
Thekaspervote Sep 22 #14
Demsrule86 Sep 22 #15
kentuck Sep 22 #18
frazzled Sep 23 #22
Buckeyeblue Sep 23 #37
DirkLerxst Sep 23 #24
radius777 Sep 23 #26
BainsBane Sep 23 #27
BGBD Sep 23 #32
ecstatic Sep 23 #33
Squinch Sep 23 #35

Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:26 PM

1. If we win the Senate I fully expect it.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:28 PM

2. YES!!!!!!!!!!!!!!!!!!!!!n/t

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:28 PM

3. I Agree

Then it might have to be by 2022, if we take the Senate this year, just to be safe.

That's a shame, I really like him a lot.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:29 PM

4. Assuming a Democratic Senate majority, the latest he could easily retire is summer 2022

He should definitely strongly consider retiring before then, to ensure he is replaced by a Democratic president and Senate. It would surprise me if he stayed around past the next midterms.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:31 PM

5. Honestly, and with all respect, immediately

If we get the WH and Senate, we need to move quickly.

Joe can't and shouldn't be involved in discussions like this. However, hopefully Justice Breyer's family and friends will encourage him to do so. It's a lifetime appointment, so it is totally his decision, but I am not sure what is to be gained.

He is a very smart fellow, and I am sure he realizes more than anyone what is at stake.

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Response to DonaldsRump (Reply #5)

Tue Sep 22, 2020, 11:36 PM

7. And he is seeing how we are losing the RBG seat unfold.

It's impossible that he isn't thinking about the timing of his own retirement so that a democratic replacement can be made.

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Response to Claustrum (Reply #7)

Tue Sep 22, 2020, 11:39 PM

8. And who would want to spend their "golden" years

Last edited Wed Sep 23, 2020, 12:42 AM - Edit history (1)

hanging out with Clarence Thomas, Brett Kavanaugh, Neil Gorsuch and Sam Alito!?!

I'd rather be fishing or RVing!

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Response to DonaldsRump (Reply #5)

Wed Sep 23, 2020, 12:06 AM

21. There's no reason for Breyer to resign "immediately" unless he wants to.

He would have a two year window before the midterms, being able to participate in at least two more terms before there is a risk Republicans could interfere.

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Response to tritsofme (Reply #21)

Wed Sep 23, 2020, 12:40 AM

23. Ummm....that's kinda' what I said?

My view is that this is the pragmatic view and hopefully he will do that in year one to give plenty of time for a successor to be named and installed so that it doesn't become another election year issue.

If Breyer waits until the second term, beginning in October 2021, all of a sudden the decision will likely be kicked into the election year of 2022. However, if he announces he is retiring at the end of the first term during a Joe Biden presidency, that would be around July 2021, giving plenty of time for a Democratic-controlled Senate to confirm a new appointee by the end of 2021, and more like October 2021.

As I said, it's his choice. Not yours, not mine.

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Response to DonaldsRump (Reply #5)

Wed Sep 23, 2020, 01:29 AM

29. and people need to volunteer to make that happen

Yet few do. Spinning theories won't get Biden and a Dem Senate elected.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:35 PM

6. Graduated Holy Cross, 1975.

Pretty sure Clarance Thomas lived in the Blacks Only dorm....cuz he supported black rights.?...or maybe he would have met white liberals that would have challenged his worldview?

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:41 PM

9. i think Breyer

would like to have a year or 2 to enjoy his life.

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Response to MFM008 (Reply #9)

Tue Sep 22, 2020, 11:55 PM

17. We need to do it right away. What if a senator from a red state dies?

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:41 PM

10. Nominate Merrick Garland.

And ram it through the Senate with no debate if we win the majority.

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Response to roamer65 (Reply #10)

Tue Sep 22, 2020, 11:53 PM

16. Too old. We need young judges.

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Response to Demsrule86 (Reply #16)

Wed Sep 23, 2020, 12:03 AM

19. Right. We need to stop trying to think about "symbolic victories"

And push for actual victories instead.

While it might be righting an injustice to seat him on the court, it is not the best move we can make.

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Response to Demsrule86 (Reply #16)

Wed Sep 23, 2020, 01:44 AM

30. And to the left of moderate at this point. n/t

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Response to roamer65 (Reply #10)

Wed Sep 23, 2020, 01:11 AM

25. No. He is 67 now. A horrible decision.

 

Every judge Biden nominates needs to be younger than 55. We need them on the court for 25-30 years, not just 10 or so.


It's a crime what happened to Garland.... but no symbolic victories.


YOUNG HEALTHY PROGRESSIVE JUDGES ONLY.

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Response to roamer65 (Reply #10)

Wed Sep 23, 2020, 01:28 AM

28. I want Biden/Harris

to nominate the most flagrantly leftist judge they can possibly find to rub it in the face of the party of evil.

Garland was a compromise choice meant to garner GOP support. If the Dems control and Senate and get a chance to nominate a justice, the person ought to make the GOP flip out. They deserve the pain.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:41 PM

11. On day 1

Biden needs to nominate a 40 something year old heathy Black woman with no baggage

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Response to Rice4VP (Reply #11)

Wed Sep 23, 2020, 02:25 AM

34. On day 1?

Who's retiring for him to fill?

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Response to Polybius (Reply #34)

Wed Sep 23, 2020, 10:05 AM

38. Breyer is 82. He needs to retire at noon

on Inauguration Day

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:45 PM

12. Absolutely...

A long time from now, Justices are going to remember and learn (hopefully) from this avoidable situation. If a Justice is over 70 or so, has a Democratic President and Senate, they need to resign. It might mean truncating the term of an otherwise invaluable Justice, but, as we are seeing, rolling the dice can be risky.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:47 PM

13. Of course. Didn't we learn anything from RBG?

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Response to Patterson (Reply #13)

Wed Sep 23, 2020, 12:04 AM

20. Lots of people on both sides of the isle are incredibly resistant to learning lessons.

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Response to Patterson (Reply #13)

Wed Sep 23, 2020, 01:54 AM

31. I am disgusted by the number of people who don't get it

I mean, it is mind-boggling.

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Response to Patterson (Reply #13)

Wed Sep 23, 2020, 06:54 AM

36. We didn't learn from Thurgood Marshall who was replaced by Clarence Thomas.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:50 PM

14. Absolutely yes!

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:52 PM

15. Yes as soon ad possible.

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Response to sfstaxprep (Original post)

Tue Sep 22, 2020, 11:58 PM

18. I think there should be an age limit on Supreme Court Justices.

Somewhere between 75-80.

Justices need to be sharp of mind. The mind does tend to deteriorate in some people as they get older. The laws sometimes require very deep thought.

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Response to kentuck (Reply #18)

Wed Sep 23, 2020, 12:27 AM

22. You think Ginsberg and Breyer have not been sharp of mind?

Look, the only valid reason to say older justices should retire is that they are more likely to become ill and/or die after a certain age. And then that would only apply to justices with whom you agree (we’d be happy if a very conservative justice died, as Scalia did during Obama’s term), because you don’t want to run the risk of them dying during a time when the opposition party holds power. And even that’s lame. My dad lived to 100; my mom is about to turn 95. People are living longer and staying active.

There has been nothing wrong with the mental ability of our older justices. Or their work ethic: RBG was tireless in her work, even in the face of severe illness. Breyer is sharp as a tack too. I’d say a few younger justices might have more to question about their mental “sharpness.”

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Response to kentuck (Reply #18)

Wed Sep 23, 2020, 07:14 AM

37. I like 75.

I base this on the older people I'm around. Having a SC justice pass away in office does not create the best circumstances to replace them. For one thing, it's a sad time for their colleagues. The other is there seems to be a rush to replace them.

Since W's first term we have had 3 sitting justices pass away (one-third of the court).

If we knew the term in which a justice was going to retire, I think the transitions would be better. Since this would require a constitutional amendment, maybe we grandfather judges who are 70 or older. And we also would need in an amendment the timeframe under which the Senate must act to confirm the nomination.

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Response to sfstaxprep (Original post)

Wed Sep 23, 2020, 01:09 AM

24. Absolutely yes.

 

It was the one mistake RBG made during her time on the court. She should've retired in early 2014 when it was very likely the GOP was going to win the Senate majority later that year.

Water under the bridge now... but I don't expect Breyer to make the same mistaken assumptions.

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Response to sfstaxprep (Original post)

Wed Sep 23, 2020, 01:15 AM

26. Both RBG and Breyer should've retired in 2013

when we had the Senate. Obama could've put in two young justices. Now we're fucked, at least in the short term.

If Biden wins Breyer must retire in 2021 and we can get through a justice under the radar (how the Gorsuch hearings went) so it isn't an issue the midterms.

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Response to sfstaxprep (Original post)

Wed Sep 23, 2020, 01:20 AM

27. You know, if Democrats could win elections

and keep unified, we might be able to have the kind of influence over the courts, both SCOTUS and the lower levels, that we wouldn't have to be egging on perfectly healthy justices to retire. How about working to win future elections instead of conceding to the GOP?

Whether Breyer retires isn't up to any of us.

All these convoluted solutions for the courts neglects the key issue: Democrats and the left has failed to unify so the result is the most right-wing court system in the industrialized world. This is the court the never Hillary people gave us, and it's the court they wanted. And then, look how few people are actually interested in volunteering to make calls in order to win this and future elections. If they did, perhaps we wouldn't be in this fucked up situation.

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Response to sfstaxprep (Original post)

Wed Sep 23, 2020, 02:04 AM

32. Yes.

I will never understand why RBG didn't retire when Obama has a Democratic controlled Senate. She could probably have handpicked her successor even.

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Response to sfstaxprep (Original post)

Wed Sep 23, 2020, 02:07 AM

33. Yes, but Congress needs to add seats no matter what.

It's time to get even. No more games or bullshitting around while the other side systematically guts the country.

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Response to sfstaxprep (Original post)

Wed Sep 23, 2020, 06:36 AM

35. For the love of God, YES!

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