POLITICO Magazine reached out to a select group of legal and court experts to answer the question of why Justice Breyer’s departure could matter. Here’s what they had to say.
from the Supreme Court galvanized the legal and political worlds this week. With so much riding on every SCOTUS seat, it’s impossible to ignore how big the consequences might be.
President Joe Biden has said he plans to nominate a Black woman to the Supreme Court. His short list reportedly includes Ketanji Brown Jackson , Leondra Kruger , J. Michelle Childs and Sherrilyn Ifill , among others. | AP PhotosJosh Blackman is a constitutional law professor at the South Texas College of Law Houston, and the author ofShort of expanding the Supreme Court, the only way that progressives can hope to prevail in controversial cases is through compromises.
President Joe Biden is playing the long game with his federal judicial appointments. One of his campaign promises was that he would appoint the first Black woman justice. When he does so, the difference between her and Justice Stephen Breyer would not be so much on the dimension of political ideology, but on their work and life experiences that they bring to judging cases.
President Joe Biden’s pick will be a thoroughly predictable vote on matters like abortion and affirmative action, assuming the Supreme Court has any such cases to hear after the conclusion of this and the next term! So for those issues, it really doesn’t matter that Breyer is about to be replaced, because one can assume that the voting records of the former and the new justice will overlap considerably in the cases most likely to be featured on the front page of the.
In a rosy view of the future, this pick might just existentially save the court itself — even though it won’t change the current voting imbalance. It might force the court to pull back on its transparent ideological rulings, as the optics will be troubling with no white male in the minority. That could prevent it from losing all credibility, which the progressives have been fearing in dissent for some time now.William Araiza is a professor at Brooklyn Law School.
Whatever else might be said about how the nomination of the next liberal justice unfolds, the idea that she will be in a position to “build consensus” seems laughable.
‘A stronger liberal voice … will give renewed energy to a progressive vision that will be waiting for its eventual return to majority status’
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