Liberal Justice’s Departure Could Leave Supreme Court More Conservative

Joe Ravi via Wikimedia Commons

Liberal want Supreme Court Justice Steven Breyer gone. The problem is, if they get their wish, the court may become more conservative.

The Washington Free Beacon reports:

Advocacy groups and liberal law professors are practically muscling the 82-year-old Clinton appointee off the bench, with memories of the late Ruth Bader Ginsburg fresh in mind.  The liberal judicial group Demand Justice mounted a billboard that read, “Breyer, retire. It’s time for a Black woman Supreme Court justice,” onto a truck that circled the Supreme Court in April.

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With a right-leaning majority in place for the foreseeable future, it’s easy to see why liberals want a young progressive stalwart on the bench. But Breyer’s unique judicial approach makes him an effective emissary to his conservative colleagues, helping the left salvage victory from the brink of defeat in cases big and small. It’s unclear whether his eventual successor will be as effective at building consensus or turning broad questions into narrow ones.

Breyer is not an activist fomenting social revolution through the courts. He is a judicial pragmatist who tries to harmonize the law with reasonable real-world outcomes. He will consider what Congress was up to in a given piece of legislation and how competing interpretations will play out on the ground and then craft a decision that aligns Congress’s purpose and sensible results for all relevant stakeholders. This technocratic mode of judging sometimes presents something appealing for a conservative justice.

Liberals have time and again benefited from this approach. One such example is a workaday case from the 2016 term, City of Miami v. Bank of America, which involved a lawsuit by the city against the bank for predatory lending practices. Miami alleged that Bank of America intentionally targeted minority borrowers for risky home loans. The city claimed the high rates of foreclosure that followed eroded the tax base and forced municipal officials to expend additional resources on policing and code enforcement.

The ability for Breyer to find common ground could be lost, driving the court’s conservatives further right.

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robert6391
robert6391
4 months ago

When politicians start putting their belief before the Constitution of this USA. in picking SCOTUS nominees, it shows that the founders were correct, that political parties would be the death of this new Country.
Congress is suppose to be about working together for the good of the USA not, not playing to an idea that my way is the only way. which seems like the Trump party id playing to.

StLouisSteve
StLouisSteve
4 months ago
Reply to  robert6391

Typical Democrat troll. They accuse the Republicans for their own (Democrat) actions – Hillary colluding with Russia, Quid Pro Quo Joe and Ukraine, etc.
And you think Lyin’ Biden, Piglosi, and Schumer are ready to work with Republicans???? C’mon man, Biden’s playing dictator with his executive orders – many of which defy the Constitution. Schumer is trying to throw out the filibuster (which his party used all the time over the last few years). How about Schumer getting his spending bills approved in a “typical” bipartisan fashion – oh, wait, Schumer decided he was all powerful and craned the ridiculous spending bills through using reconciliation….

Mel
Mel
4 months ago

That is what they want next? a black supreme court justice??? do the letters FO mean anything to you?

Christian
Christian
4 months ago

Knock off the racist crap. We need a Supreme Court Judge who is capable and intelligent enough to serve in that position. Who cares what color he or she is? Keep it up, these people are just making it worse where it is NOT>

Elizabeth Estrada aka CHIAKIA

LISTEN UP….The DEMOCRATS Have NO CLASS…TRYING to Make a SUPREME COURT JUDG E Retire. HOW About THEY ALL RETIRE and HIRE DE MOCRATS Who Have INTEGRITY. From SamuraiQueen. 😄😄😄

Timothy Colbath
Timothy Colbath
4 months ago

The democrats are Proving for all to see the real reason for term limits for Congressional members! Fundamental question: when they decided to term limit presidents – why wasn’t Congress members limited at the same time?

oldedude
oldedude
4 months ago

The LEFT is NOT interested in pragmatic solutions to anything. It’s all about showing their “wokeness” and signaling their social consciousness and “virtue”. It is far more important to them that they have a Black female justice than that they have an effective one who would advance their interests and ostensible agenda. Given the choice of William Douglas and Stacey Abrams, Abrams would get the nod and promptly isolate herself and be consigned to writing dissenting opinions. AND HER SUPPORTERS WOULDN’T CARE. To the Left, a $15 minimum wage is more important than having minimum wage jobs. A Black, female justice is symbolically important in the same way. They believe they can get what they want in the streets anyway, which is why a pragmatic, no nonsense President like Trump so offended them – he was willing not only to pursue his agenda but to confront theirs on their own turf.

Mikey
Mikey
4 months ago

“Harmonize the law with real world outcomes.” What kind of crap is that? His job is to interpret the law, not “harmonize” it. And whatever happens outside U.S. borders has no bearing.

jawad
jawad
4 months ago

Who was it who said something like: ‘When you’re young, if you’re not liberal, you have no heart. Once you mature, if you’re not conservative, you have no BRAIN?’ Even some Supreme Court justices seem to have no brain.

MSG Leo
MSG Leo
4 months ago

Don’t get the most qualified person, get a black woman. Can the left be more blatantly racist?

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