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Was Breyer Pushed Out?

Democrats are so eager to change the subject from President Biden’s slipping approval numbers they have been looking for something, anything, to distract attention elsewhere. This week someone in either the White House or the Supreme Court leaked the news that Justice Stephen Breyer, the oldest member of the court’s liberal wing, will retire upon confirmation of a successor.

Breyer was a complete disappointment on the Court. When he was nominated by Bill Clinton, we were told he was a pro-markets, centrist Democrat. Instead, he was a reliable liberal vote and became more liberal the longer he was on the bench. His stance in favor of vaccine mandates was clearly far outside the bounds of the Constitution that he is sworn to uphold.

The bad news is that whomever Biden appoints will likely be significantly more radical than Breyer, who by one measure is only half as liberal as Sonia Sotomayor.

Biden has promised that his first nominee will be a black woman. It’s sad that identity politics is so firmly implanted in the Democratic mindset that we are now using quotas to fill Supreme Court slots.

The three names most often mentioned are DC Circuit Court Judge Ketanji Brown Jackson, U.S. District Judge J. Michelle Childs of South Carolina, and California Supreme Court Justice Leondra Kruger. All three are leftists

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