There is concern among Dems that the scenario we went through with the death of iconic Justice Ruth Bader Ginsberg last year at age 87, where Republicans rammed through right-wing Justice Amy Coney Barrett to replace her, could repeat itself. If Justice Ginsberg had known what she knew in the final weeks of her life, she might have retired at the beginning of President Obama's second term when Dems controlled the Senate. Progressives refer to the replacement of Ginsberg with Coney Barrett as the "Nightmare on First Street," First Street being the location of the Supreme Court.
The eldest member of the Supreme Court is progressive Justice Stephen Breyer, who was appointed by President Clinton, and who is now 82. Many progressives worry that the "Nightmare" scenario could play out with Justice Breyer with the Dem's Senate margin hanging by a thread:
"With spring comes the start of the period in which many justices have announced their retirement. Some progressives say it is time for Breyer to go, without delay. Other liberal voices have said Breyer should retire when the court finishes its work for the term, usually by early summer.
'He should announce his retirement immediately, effective upon the confirmation of his successor,' University of Colorado law professor Paul Campos wrote in The New York Times on Monday.
Campos’ plea stems from the Democrats’ tenuous hold on power.
A Democrat, President Joe Biden, lives in the White House and his party runs the evenly divided Senate only because the tie-breaking 51st vote belongs to Vice President Kamala Harris.
But there is no margin for a senator’s death or incapacitating illness that could instantly flip control to Republicans. Campos noted that the party composition of the Senate has changed more often than not in each two-year session of Congress since the end of World War II." (our emphasis)
It goes without saying that should Breyer retire soon, President Biden should select a highly qualified jurist in Justice Breyer's mold who can serve for many years to come. You just need a simple majority vote to confirm a replacement. Justice Breyer has served with the greatest distinction and honor, but we (and his legacy) can't afford another "Nightmare on First Street."
