Breyer to retire
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@george-k said in Breyer to retire:
What's the over/under that it'll be a
femalewomanperson with two X chromosomes of color?And Young…As young as they can manage.
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I forgot: He already pledged...
Joe Biden has promised that if elected president, he'd put the first black woman on the Supreme Court. To make good on that pledge, he’d have to look in some atypical places.
Supreme Court justices are usually elevated from a federal appeals court. Eleven of the last 12 confirmed justices were plucked from an appellate court — the exception was Elena Kagan, who was the U.S. solicitor general, a position so embedded with the institution it has been nicknamed “the tenth justice.”
Only five black women are now on U.S. appeals courts, and all of them will be 68 or older this year, according to data compiled by NBC News from the Federal Judicial Center.
Biden would face pressure to pick someone younger who could secure the seat for a generation or more. None of the last seven confirmed justices were older than 55 when nominated.
There are only nine Democratic-appointed black women on the federal bench younger than 55 this year. All are district court judges picked by President Barack Obama. The youngest is Leslie Abrams Gardner, 45, the sister of Biden vice presidential contender Stacey Abrams. Another name that stands out is Ketanji Brown Jackson, 49, a judge in Washington who was on Obama’s Supreme Court shortlist in 2016.
I hope that his nominee will have all the grace, class and competence of the other black woman he chose.
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More inside baseball:
If all 11 Republican members of the Judiciary Committee oppose Biden’s pick and all 11 Democrats back her, the nomination goes inert. (A pretty safe bet in a committee where at least half of the Republican members have White House ambitions of their own.) The nomination doesn’t die, but it does get parked until a lawmaker—historically, the Leader of the party—brings it to the floor for four hours of debate.
A majority of the Senate—51 votes, typically—can then put debate about the issue on the calendar for the next day. But that’s the last easy part. When the potential pick comes to the floor again, it’s not as a nomination. At that point, it’s a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.
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@mik said in Breyer to retire:
Give him this one. Obstruction will backfire in November and he knows it.
Yep.
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@george-k said in Breyer to retire:
promised that if elected president, he'd put the first black woman on the Supreme Court
If Mr. Biden can use skin color to choose a justice, can the republicans insist on a different color?
Let's say Mr. Biden's choice is a little too black or a little too light, should the republicans demand a darker color?
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@mik said in Breyer to retire:
Give him this one. Obstruction will backfire in November and he knows it.
If he nominates some boob that will play well for us in November.
Yes.
@89th said:
Doesn’t change much. Breyer for someone like Breyer
The difference is that he will appoint someone who will be on the bench for 20-30 years like
Amy Barrett. -
@george-k said in Breyer to retire:
I forgot: He already pledged...
Joe Biden has promised that if elected president, he'd put the first black woman on the Supreme Court. To make good on that pledge, he’d have to look in some atypical places.
This is pretty common. Reagan promised to put a woman on the court. Elder Bush chose Thomas to replace Marshall, if you think race was accidental in that selection there’s always that bridge you can buy. In the fall of 2020 Trump pledged to nominate a woman.