Former President Trump helped appoint three conservative justices to the U.S. Supreme Court. Democrats want to counteract Trump’s success by replacing 82-year-old Justice Stephen Breyer, who is considered more of a moderate, with a far-left liberal activist judge.
Paul Campos, a University of Colorado law professor, pushed for Justice Breyer’s to retire in an op-ed published by The New York Times on Monday. “He should announce his retirement immediately, effective upon the confirmation of his successor.”
Breyer has yet to publicly responded to the report.
Conservatives currently control the Supreme Court with a 6-3 advantage. Trump nominated Neil Gorsuch in 2017, Brett Kavanaugh in 2018 and Amy Coney Barrett in 2020. The three justices helped flip the power in the court, fulfilling a key Trump campaign promise.
Democrats have argued at times for packing the court. The concept includes changing the law to allow additional justices to the current nine-seat unit.
During the 2020 presidential campaign, then-candidate Joe Biden repeatedly refused to give his view on packing the court. He even told Americans at one time they “don’t deserve” to know his view.
The logistics of changing the Supreme Court’s composition to add additional justices faces numerous legal hurdles. Instead, savvy Democrats are calling for Breyer to retire while Biden is president and the left leads the House and Senate, guaranteeing a much more progressive justice replaces him.
Breyer remains the last appointee from former President Bill Clinton’s time in office. Other liberal justices currently in the court include Justice Sonia Sotomayor, age 66, and Justice Elena Kagan, age 60.
Biden has already announced he will name a black female to the court if given the opportunity. Suggested potential nominees have included California Supreme Court Justice Leondra Kruger, U.S. District Court Judge Ketanji Brown Jackson and U.S. District Court Judge Michelle Childs.
The additional black female justice would give the Supreme Court four female justices, setting a new high for females in the court. Amy Coney Barrett would serve as the lone conservative female.
Democrats currently have control of the House by five seats and a tie in the 50-50 Senate, with Vice President Kamala Harris serving as a tiebreaking vote. Democrats also control the executive branch, with Biden and Harris pushing a radical progressive agenda on everything from immigration to voting rights.
Now the left has taken up the challenge of taking back the Supreme Court. Even if Breyer is replaced, Democrats would still be at a 3 to 6 disadvantage. However, legislation for court packing and efforts to attack current conservative justices will likely increase.
Conservative Americans should be thankful for the safeguard the current court provides. It’s not a perfect situation, as the court’s failure to get involved in the 2020 election issues showed, but it’s still far better than the activist rulings of a liberal-led court.
The answer is not to grow alarmed at calls for Breyer’s retirement, but rather to work toward regaining the House and Senate for the 2022 midterms. In states where governors are up for reelection, conservatives can also make or keep progress. Local elections matter, too! We cannot give up, but must stand up for our values and work to make America better in the days ahead.