Stephen Breyer, a freelance member of the U.S. Supreme Court, is planning to retire this year, according to media reports, a move that will test the political will of President Joe Biden as he seeks to appoint a successor.
Breyer, 83, is expected to step down at the end of his court term in June. Chuck Schumer, a senior member of the Democratic Senate, said Breyer “was, and has always been an exemplary judge”, and vowed that Biden’s nominee would receive a hearing on the Senate Judiciary Committee, and would be considered and approved by all. the whole speed is deliberate ”.
When asked about the matter at the White House on Wednesday afternoon, Biden told reporters: “There has been no announcement from Justice Breyer. Let him say whatever he has to say, and I will be happy to discuss it later.”
The largest member of the Supreme Court has stepped down climb running in recent months to step down his bid for Biden to appoint a free man to fill his entire presidency in the United States Supreme Court. There is no time limit for Supreme Court judges.
While retiring will not change the court’s position between lawmakers and the freedmen, it will give Biden a chance to make sure Breyer’s seat goes to someone who can agree with him.
Breyer and his former colleague Ruth Bader Ginsburg first met with a call for resignation in 2011, when Randall Kennedy, a Harvard Law School professor, argued in an article against The New Republic for the two judges to step aside to allow then-Democrat President Barack Obama . choosing their successors.
Ginsburg died in 2020 87-year-old, just months before Donald Trump’s presidency ends. He filled his seat ahead of the November presidential election with Amy Coney Barrett, setting up a 6-3 majority audience on the court bench.
Breyer, who was nominated by former President Bill Clinton, has been a court member for nearly three decades.
Judges of the Supreme Court are nominated by the president but want to be confirmed by a minority in the Senate. The ratification process, which includes public debates before a Senate committee, has become one of the political issues in Congress.
“I think it can go faster because the White House has been thinking about this for a year, even before this happened,” said Carl Tobias, a law professor at the University of Richmond.
Although the previous presidential election received two-party support, this has changed in recent years. The Senate voted 52-48 to confirm Barrett, Susan Collins is the only Republican to vote against her nomination and no Democrats support her.
Another Trump candidate, Brett Kavanaugh, was also present encounter conflicts among the cases of sexual abuse from a young age. Eventually he was confirmed in a Senate 50-48 vote, with Joe Manchin as the only Democrat to support his election.
As a presidential candidate, Biden has vowed to elect a black woman to the bench of the Supreme Court if there is a chance for his administration. Only two black judges – Thurgood Marshall and Clarence Thomas – sat in the Supreme Court, and only five women became judges.
Ketanji Brown Jackson, a judge of the District Court of Columbia, and Leondra Kruger, a California Supreme Court judge, appear to be one of the candidates for the Breyer seat.
The Senate had previously confirmed that Jackson – who had written to Breyer in the Supreme Court in 1999 and 2000 – with a 53-44 vote in favor of the appellate court last year.
Jen Psaki, a spokeswoman for the White House, did not comment on the government’s plans for Breyer’s successor, but said the president was “standing” on his oath to arrest a black woman in the Supreme Court.
Asked if Biden would consider Kamala Harris, vice-president, to run for office, Psaki replied: “The president has every intention…
Dick Durbin, an Illinois-based Democrat who chairs the Senate Judiciary Committee, praised Breyer as “a reliable word on the bench with a legal mindset” and said he hoped to “quickly move the president-elect” through the committee.
Lindsey Graham, a Republican senior member of the Senate Judiciary Committee, described Breyer as “an expert and gentleman” but did not show any interest in supporting Biden’s nominee.
“If all Democrats are united – I hope – they have the power to replace Justice Breyer in 2022 without a single Republican vote,” Graham said. “Elections have consequences, and this is especially evident when it comes to completing the Supreme Court.”
NBC News first reported on Breyer’s respite. The Supreme Court did not return a request for comment.
Additional reports by James Politi
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