Said Ed Kilgore, quoted in "Will Stephen Breyer Take One for the Team?" (NY Magazine).
February 9, 2021
"I’d say that publicly asking Breyer to retire would be an easy way for any Democratic pol thought to be vulnerable to a progressive primary challenge — or who wanted to run for president — to stand out."
"Your basic White House-mad senator isn’t going to lose much sleep over Breyer’s sensitivities or the arcane etiquette of the legal profession...."
Subscribe to:
Post Comments (Atom)
Posts
57 comments:
Emmett Sullivan already demonstrated in a bragging way how much of a partisan hack he is with his immediate retirement.
By all means, let's be open with the further politicalization of the Court.
"Emmett Sullivan already demonstrated in a bragging way how much of a partisan hack he is with his immediate retirement."
Can't we impeach the fucker after he's gone?
I thought those were the new rules.
"or who wanted to run for president — to stand out..."
"Your basic White House-mad senator"
huh? So, are they talking run for President in 2028?
We can Assume, that Slow Jo won't be running in 2024... But, what about the sitting President?
It NEVER goes well for a sitting President to have a Primary Challenger
Dems are STUCK with CommieLaw Harris.... Get Used To It
Given the median age of our rulers across all the branches of government, the new tradition seems to be to hold on to power, grasping vainly until you literally keel over in office. So I don't expect Breyer to retire.
Joe Manchin represents an overwhelmingly conservative state (hence his vote to approve Brett Kavanaugh for the Supreme Court), so Democrats should ask themselves just how left-wing a judge can make it past Manchin's advice and consent.
Who next that Garland was a centrist? These people are delusional—I have no doubt that Garland would have been part of the lockstep liberal black that ALWAYS favors personal policy preferences over the law.
"So I don't expect Breyer to retire."
But if he does die in office, shouldn't someone in his family take over?
It's the Dingell way : )
And you don't think there's an aristocracy in America...
And a reminder: If it weren't for Trump screwing the pooch with the Georgia Senate elections, we wouldn't have to worry about this at all for the next two years.
I think this is a fair interpretation of a typical member of our current gerontocracy as they near death.
Ben: To Irin’s earlier point — it’s acknowledged by pretty much everyone that Republicans have outmaneuvered Democrats on the courts for decades now.
*********
Ghee how did that happen?
What they shared was a sense of being in the vanguard of a new conservative legal movement--a movement that went beyond older conservatives' opposition to the "liberal jurisprudence" of the Warren Court (1953-1969). They also defined the department's social-policy agenda largely in terms of the new right's opposition to rulings of the Burger Court (1969-1986) on abortion, affirmative action, busing, school prayer, and the like.
Why Many Think that Ronald Reagan's Court Appointments May Have Been His Chief Legacy
http://www.historynewsnetwork.org/article/10968
Then of course FDR and his court packing propositions.
Listen Ben, not everyone is Ezra Klein with no interest in history.
Between an early call for retirement and the impeachment, it sounds like the Democrats really do fear Trump will be back, sooner rather than later.
Plus an early Breyer resignation and replacement would likely make any attempt at packing the Court politically less palatable (i.e., "you had a turn," even without a net gain in liberal justices).
Hey Ed...Breyer's not supposed to have a team......
Earnest Prole said...
And a reminder: If it weren't for Trump screwing the pooch with the Georgia Senate elections, we wouldn't have to worry about this at all for the next two years.
*******
Possibly, and if he had not gone after a certain long time well known Southern politician to the extreme he might have won Georgia for himself. Just like the difference in Arizona might have been made up by him not chasing after McCain in his grave. Hell Nevada has a large Mormon population and if he had just stopped talking about all of his enemies and more about what he could do for voters... Instead his campaign speeches turned into his personal victimization and vendetta tour...and he lost— to Joe Biden. Trump at least knows how bad that is.
Ohhhh...he's taken plenty for the team.
But Chief Justice Julia told me there weren't any teams
Just like the difference in Arizona might have been made up by him not chasing after McCain in his grave.
A little more than ten thousand votes.
Live by the sword, die by the sword.
Distraction from the trial shit show, already.
Earnest Prole said...
And a reminder: If it weren't for Trump screwing the pooch with the Georgia Senate elections, we wouldn't have to worry about this at all for the next two years.
————-
Seconded.
So much losing you’ll be sick of all the losing.
Garland could have been used to replace Breyer, since his brand was that he was Obama's moderate, compromise choice. Manchin could have easily signed on. Not now...
Discussion seems 6 months premature.
Note the casual assumption Breyer is part of Team Left (which is entirely correct of course) and that Team Left is not Team America (also entirely correct).
Other than at the end of Obama's 8-year term, have the Republicans blocked any SCOTUS nominees? I don't think they could get away with not considering a nominee if it were done in a non-election year. During the last century, there were four nominees who were rejected, all nominated by Republicans. You have to go back to the late 1800s to find a Democratic nominee who was rejected (two, nominated by Cleveland in the 1890s). (According to Wikipedia.)
Talk of encouraging a judge to retire makes it look as though they don't expect to hold the WH for more than four years.
"Joe Manchin represents an overwhelmingly conservative state (hence his vote to approve Brett Kavanaugh for the Supreme Court), so Democrats should ask themselves just how left-wing a judge can make it past Manchin's advice and consent."
Funniest thing I read today, Prole. Biden could nominate Ilhan Omar and Manchin would vote to confirm.
No Marybeth. They just not getting cocky this time like they did in anticipation of a Hillary victory. Obozo screwed the pooch by not recess appointmenting Merrick Garland and a hundred other federal judges.
"Trump screwing the pooch with the Georgia Senate elections"
Ah..by rallying for them twice.
Talk of encouraging a judge to retire makes it look as though they don't expect to hold the WH for more than four years.
They might have learned from the RBG experience not to take too much for granted.
Breyer's standing has really dropped with me since they changed the ingredient list.
Breyer has an obligation to uphold the Constitution and to respectfully discharge his duties as a member of the Supreme Court. He owes the Democrats nothing. As for taking one for the team, see @Gahrie 12:45 PM.
Certainly has nothing to do with Kemp, Ratfartburger and the milquetoast candidates themselves.
Why is Manchin considered a deciding vote? Presumably Romney, Collins, and Murkowski will vote in favor of any Biden nominee. Just as McCain would have.
I wrote it the week after the November election- the Georgia senate seats were lost by the Georgia GOP's supine performance in the face of obvious voting fraud. The voters in Georgia knew it, and demonstrated that 8 weeks later. To hold the two seats, all the GOP had to do was order signature verification of the November vote, but they chose not to. If the GOP won't fight for their base's choice for president, then why, exactly, should the voters fight for them?
Since I don't expect Trump to run again due to his age, I find myself actually hoping the GOP provides the Democrats the votes to convict him in this sham impeachment trial. Nothing would outline for the GOP base voters better the utter contempt their elected officials have for them. We saw what that contempt can do on January 5th in Georgia, but the lesson might not have taken hold, so they may need a reminder in November 2022 and 2024.
Yes, if Biden nominated Ilhan Omar for Breyer's seat, Collins, Murkowski, Sasse, and Romney would vote to confirm. Biden could nominate a fucking horse to the court and it would get 50 votes for certain.
Why is Manchin considered a deciding vote? Presumably Romney, Collins, and Murkowski will vote in favor of any Biden nominee. Just as McCain would have.
People with a superficial understanding of politics (like those in the media) focus on consent, but advise is equally (if not more) important (as Barack Obama learned). As a Gang of Five, Manchin, Romney, Collins, Sinema, and Murkowski could exert a significant moderating force on who Biden selects.
"As a Gang of Five, Manchin, Romney, Collins, Sinema, and Murkowski could exert a significant moderating force on who Biden selects."
You should stand-up comedy, Prole- you are killing it today!
The supremes should watch their backs. A Democrat administration that cheated their way to the WH won’t have any qualms about assassinating some pesky judges. Packing the court too hard of a task, bump off some judges. Certainly the FBI or CIA are ready & wiling to do the deed.
Ginsburg, bitterly clinging to life, well past her viability date, left a bad precedent for people demanding progress. The risk is forward-looking.
I don't think the team referenced is Team America.
"And the makeup of the Supreme Court, and even lower courts, is an issue conservative voters have tended to care a lot about in a specific way, much more so than Democrats."
"I don’t know if anything short of a catastrophe will convince Democrats to care as much about the courts as Republicans, but the dynamics are clearly, finally shifting."
"That [the Garland non-vote] radicalized liberal elites who might have prized the notion of a depoliticized judiciary."
Do they really believe the things they say?
You should stand-up comedy, Prole- you are killing it today!
Thanks -- I like to play.
"Don't be a Ruth."
"Ginsburg, bitterly clinging to life, well past her viability date, left a bad precedent for people demanding progress."
Have she and McCain been buried yet?
"As a Gang of Five, Manchin, Romney, Collins, Sinema, and Murkowski could exert a significant moderating force on who Biden selects."
The idea that Murkowski in particular has any ethical standards is laughable on its face.
The idea that Murkowski in particular has any ethical standards is laughable on its face.
Politics is many things but ethical is not one of them.
The Democrats shouldn't worry so much about Stephen Breyer, I predict he'll live well into his 90s, maybe even make it to 95 years old. I hope I'm still around to see my prediction proven correct.
Well if court packing goes down in flames, why not "reload" with a fresh young liberal who'll be there for the next 30 years? The "notorious RBG" gambled that she could outlive the Trump era. And as Jean Fraud Kerry said about the Keystone Pipeline workers, she chose badly.
The idea that Murkowski in particular has any ethical standards is laughable on its face.
Ethics is a relativistic quasi-religious philosophy. She's probably Pro-Choice, the ostensibly "secular" legacy choice.
The "notorious RBG" gambled that she could outlive the Trump era.
So, no epiphany, but rather a gamble. Shame.
""And the makeup of the Supreme Court, and even lower courts, is an issue conservative voters have tended to care a lot about in a specific way, much more so than Democrats.""
-- If Democrats whiffed as often as Republicans did in their judicial appointments, I bet they'd care more. Democrats are just way, way better at vetting their candidates for lock steppedness.
"-- If Democrats whiffed as often as Republicans did in their judicial appointments, I bet they'd care more. Democrats are just way, way better at vetting their candidates for lock steppedness."
Because it's easier to just go along and be 'of the mind' than it is to resist the lefty tide and remain an independent thinker...
That, and all the lib DC cocktail parties.
Why doesn't the left just smother Breyer with good intentions like they did to Scalia?
Take one for the team
Do they mean to hit him or shoot him? This seems like a suggestion of violence to intimidate a Justice.
The last good day Stephen Breyer had that anyone non-famous would appreciate was about 20 years after he graduated law school. That was almost half a century ago. LET'S NOT GET TOO WRAPPED UP IN THIS SAD SOON TO BE LONG LOST IN HISTORY DULLNESS ....
Every lawyer knows that it stinks to be on top of the heap, the only fun in the law business is to be young, full of vim and vigor, and to know that the world is your oyster.
No young lawyers feel ANY ENVY AT ALL for older lawyers because the WHOLE POINT OF BEING A SUCCESSFUL LAWYER is to be interesting to those we love, and, as Jung, Jordan Peterson, and other scoundrels with a little bit of understanding of the human heart have often pointed out, THE ONLY THING WORTH LIVING FOR IS TO HAVE FRIENDS WHO KNOW YOU CARE ABOUT THEM. Famous intellectuals live in a sad world, most of them, where they are always thinking ---- what is going on? am I missing something?
Remember the performance Housman gave in that paper chase movie ---- remember he was short, had a sauve haircut, and THE ONLY REASON HE WAS IN THE MOVIE WAS TO BE A FOIL TO THE YOUNGER PEOPLE WHO WERE FALLING IN AND OUT OF LOVE ...... is that any way to live your life? I WOULD REMAKE THAT MOVIE, I would cast a couple of matchmakers, and we would see poor Professor of Contracts Housman, with his meretricious imitation of an intellectual's style of speech, be seduced by a slightly overweight but nevertheless sort of fascinating middle-aged slinger of pancakes, with an eye for the sort of man who loves women .... even if he is a drying out old phony of a Hahvad professor .....
Look, I could go on for hours and hours about the sort of people who live the sort of life Breyer lived ---- I remember a short conversation with a great aviation law lawyer, not the guy who wrote "the" textbook on aviation law, but a guy who that guy respected ...... and I remember another short conversation with a little middle-aged guy (I call him a little middle-aged guy but he would now be 110 if he were still alive, but to me he will always be the little middle-aged guy) who talked to me for a while about a speech we were about to hear, and the poor guy had been in Congress for half his adult life ----- and he pretended to be interested in what I thought ..... and I said, well, we will see what happens.
Just kidding. I never go on for hours and hours about anything. That is why the angels themselves are reluctant to criticize me ......
Some of them would like to, but it is their jobs, as angels, to see the best in all of us.
Same goes for everyone who comments here, by the way. Try and be a little better tomorrow than you were today.
slinger of hash is the real expression, "slinger of pancakes" ... well I made that up.
Stephen Cooper, in Clueless, the SoCal high school protagonist carries out your matchmaking idea between a Houseman-esque male teacher and a schlub female teacher.
---Live by the sword, die by the
pre-printed ballots with no other races marked on it. fifty
The Breyer move, only if they can't just pack 4 or more leftist Justices onto the Court to make it at least 7-6 Democratic.
Post a Comment