Here’s what to watch for as Biden decides on his Supreme Court pick

For Democrats, time is of the essence. If they lose control of the upper chamber, they fear, there will be a repeat of 2016, when the GOP-led Senate successfully blocked Obama’s nominee by refusing to conduct hearings. That nominee, Merrick Garland, is now Biden’s attorney general.

That fear was the impetus for a progressive-led push for Breyer to step down from the bench soon after Biden beat Trump in the 2020 election. Democrats had already been stung in late 2020, when the liberal Justice Ruth Bader Ginsburg died and was replaced by Trump nominee Amy Coney Barrett just days before Election Day.

Ginsburg had reportedly waited to retire because she expected Democrat Hillary Clinton would be elected in 2016. Instead, her successor’s appointment cemented a 6-3 conservative majority that could endure for years.

In interviews over the past year, Breyer appeared to chafe at these calls for his ouster, while noting that he did not “intend to die on the court.”

But Thursday he confirmed that he planned to step down when the court’s term comes to an end, which usually happens around late June or early July, “assuming that by then my successor has been nominated and confirmed.”

In a speech at the White House following Biden’s remarks on his retirement, Breyer addressed younger generations who may have grown cynical about the U.S. legal system.

“It’s us, but it’s you. It’s that next generation, and the one after that — my grandchildren and their children. They’ll determine whether the experiment still works,” he said.

“And, of course, I am an optimist. And I’m pretty sure it will.”

Article source: https://www.cnbc.com/2022/02/01/biden-supreme-court-pick-what-to-watch.html