Douglas Andrews / January 27, 2022

Justice Breyer Forced Out by the Left

Still stinging from their loss of Ruth Bader Ginsburg’s seat, Democrats aren’t about to let it happen again.

Eighty-three-year-old Supreme Court Justice Stephen Breyer, a Bill Clinton appointee, is being forcibly retired by bloodthirsty partisans after nearly 28 years on the High Court. The timing is odd, though, in that Breyer doesn’t plan to step down until early summer, at the end of the current term. The lack of an official announcement yesterday from the Court itself is remarkable, and it tells us a great deal — namely, that Breyer himself wasn’t ready to make the announcement.

In a faux show of solidarity, Breyer will attend Joe Biden’s remarks on his retirement at 12:30 this afternoon. But make no mistake: He’s being put out to pasture; he’s being kicked to the curb and replaced by an as-yet unnamed black woman. So it goes in the race-obsessed world of the Left.

How do we know Breyer’s replacement will be a black woman? Because Joe Biden promised as much on the campaign trail, and because White House Press Secretary Jen Psaki confirmed it yesterday: “The president has stated and reiterated his commitment to nominating a black woman to the Supreme Court and certainly stands by that.”

Moreover, Biden will choose the next Supreme Court justice based on skin color and female chromosomes because that’s what he and his fellow Democrats have been reduced to: buying votes by doling out identity-based favors. Frankly, we wonder how Biden’s obsession with racial preferences has been working out — especially his promise to choose a Jamaican Indian an “African American” woman as his vice president.

On that note, there’s been speculation that this is Biden’s big chance to dump the aforementioned Kamala Harris by nominating her to the High Court. Nope. While Biden would indeed love to dump the woefully unpopular Cackler, he wouldn’t dare do so in this manner. After all, he promised to appoint a black woman, not a deeply unlikable, dimwitted Jamaican Indian who isn’t even popular among American blacks. Aside from those optics, Harris failed to pass the California Bar Exam and, er, well, let’s just say she might not have earned every position she held. A nominee as brazenly unqualified as Harris, then, wouldn’t pass the judicial giggle test. So unless Biden is aiming for a three-fer — a nominee who is at once black, Indian, and idiotic — Biden won’t be offloading his veep to the High Court.

The odds-on favorite to fill Breyer’s seat is probably Ketanji Brown Jackson. She currently sits on highly influential DC Circuit Court of Appeals, having been placed there by Biden to fill the seat vacated by former Obama Supreme Court nominee and current awful Attorney General Merrick Garland. Jackson, who once clerked for Breyer, is just 51, so she also checks the all-important “age” box. As for a dark horse candidate, that’d be J. Michelle Childs. She too was appointed to the DC Circuit by Biden, and, at 55, also has plenty of years ahead of her. But here’s the kicker: Childs is from South Carolina, and she’s the favorite of another South Carolinian, House Majority Whip Jim Clyburn, whose crucial endorsement of Biden just before the do-or-die South Carolina primary pulled tired old Scranton Joe out of the dumpster and set him on the course to the Democrat nomination. Indeed, it’s not a stretch to say that without Clyburn’s help, Joe Biden wouldn’t be president today.

Regardless of whom Biden nominates, though, just remember: You were sexually assaulted by her 25 years ago. Yeah, yeah, we know you can’t remember much in the way of specific details, and we know you can’t produce any corroborating witnesses, but, still, it happened. (Hey, turnabout is fair play, right?)

As for the angry leftists who forced Breyer out, it’s hard to blame them. To this day, they’re still cursing the once hallowed name of Ruth Bader Ginsburg, who overstayed her welcome on the bench and thereby allowed Donald Trump to replace her with a constitutional conservative, 49-year-old Amy Coney Barrett. She turns 50 tomorrow and, much to the Left’s chagrin, her votes and opinions will likely grace the High Court until 2050 or so.

The Democrats can’t let that happen again — not with The Great Shellacking on the horizon, not with Republicans poised to retake majorities in the House and, crucially, the justice-confirming Senate in November’s midterms.

When Breyer was confirmed in 1994, all but nine Republicans voted for him. Clinton’s other appointee, Ginsburg, got all but three Republican votes. Those days, it’s safe to say, are gone forever — or at least for the foreseeable future.

Years ago, knowing that their leftist policies rarely enjoyed popular support and could rarely withstand constitutional challenges, Democrats began vesting our nation’s third co-equal branch of government, the judicial branch, with ever-increasing power. And now both sides see judicial nominations — and particularly Supreme Court nominations — as a blood sport.

One final thought: Could Senate Minority Leader Mitch McConnell somehow derail this nomination? It’s unlikely, but this is a 50-50 Senate, and a backroom power-sharing deal he made with Chuck Schumer could possibly come back to haunt the Senate majority leader — perhaps long enough to make him the Senate minority leader once again. It’s unlikely, sure, but it’s fun to imagine hard-left heads exploding once again.

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