Press Secretary Jen Psaki confirmed that the president will “stand by” his pledge to nominate a Black woman now that Stephen Breyer is retiring
Breyer’s retirement will clear the way for President Biden to nominated a new liberal, a crucial move considering Breyer’s age, 83, and the uncertainty around which party will control the White House after the 2024 election.
Breyer is one of just three liberal justices on the nine-person court, along with Elena Kagan and Sonia Sotomayor. President Trump was able to nominate and confirm three new justices — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — in just four years in office, giving conservatives a 6-3 supermajority.
Barrett’s nomination and confirmation in 2020 followed the death of liberal Justice Ruth Bader Ginsburg. Ginsburg was 87 at the time of the death, and had resisted pressure to retire while President Obama was still in office before her spot was ultimately filled by Trump. Many feared something similar would happen with Breyer should he hold onto his seat throughout and potentially beyond Biden’s time in office. Breyer, however, didn’t seem swayed by liberals calling for him to step down.
The looming question is whether the Senate will be able to confirm Biden’s nominee before Democrats potentially lose their majority after this fall’s midterm elections. Confirmation would require a simple majority of senators, but if we’ve learned anything from Biden’s first year in office, nothing is simple in the Senate.
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