Supreme Court Justice Stephen Breyer confirmed rumors that he will disappoint Democrats who want him to retire before President Joe Biden’s term is up by hiring clerks for the fall term of the nation’s high court, according to The Washington Examiner.
The California native is one of the court’s three liberal judges and was reportedly receiving pressure to retire from the court so President Joe Biden could appoint his replacement.
However, according to a report by Bloomberg, the left-leaning justice hired four clerks for the fall term, seeming to confirm that the 82-year-old justice plans to keep his prestigious position.
“The news is sure to frustrate Left-leaning court advocates who have increasingly pressed for Breyer to step down after the sudden death of Justice Ruth Bader Ginsburg last year gave former President Donald Trump the chance to cement a conservative majority on the court with the appointment of Justice Amy Coney Barrett,” the Examiner reported.
While Biden will have several years to potentially appoint a replacement for Breyer should he decide to give up his position any time soon, the confirmation process could be more precarious.
Currently, Democrats hold the majority position in both houses of congress, but with a 50/50 split in the Senate. That means a confirmation would already be tricky enough as it is, and worse if the balance changes in the 2020 midterm elections.
While a progressive would likely be a non-starter if Republicans do take the majority in the upcoming 2022 election, it would be devastating for liberals to lose a firmly progressive Democrat like Breyer on the court and have to replace him with a moderate.
Since the majority of senators would likely side with their party in the event of a Supreme Court vacancy, Democrats have been requesting that Breyer fall on his sword, as it were, and retire from the lifetime appointment, allowing the confirmation process to move forward for a replacement.
Breyer, apparently, disagrees.