Liberal Supreme Court Justice Breyer Has Some Bad News For Dems

Supreme Court Justice Stephen Breyer said Sunday he isn’t going anywhere anytime soon, much to the disappointment of Democrats.

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FNC: “Supreme Court Justice Stephen Breyer, in a conversation with ‘Fox News Sunday,’ lamented how politically charged the Supreme Court has become in terms of people’s attitudes toward the judiciary, while expressing hope that the institution will not lose the faith of the public.

Breyer, 83, discussed an idea from his new book, ‘The Authority of the Court and the Peril of Politics,’ in which he quotes Alexander Hamilton in stating that unlike other branches of the federal government, the judicial branch relies on public acceptance to maintain its authority. Despite the political polarization of the country, Breyer is not ready to say that the court is in danger of losing that authority.”

“I think, well, people understand to some degree why it’s a good idea what Hamilton thought. And he thought the court should be there because there should be somebody – somebody who says when the other two branches of the government have gone outside the confines of this document,” Breyer said, referring to the Constitution.

On court packing: “Well, if one party could do it, I guess another party could do it,” he said. “On the surface, it seems to me you start changing all these things around and people will lose trust in the court.”

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On Supreme Court term limits: “I think you could do that. It should be a very long-term because you don’t want the judge who’s holding that term the start thinking about his next job. But it would make life easier for me. I don’t intend to die on the court. I don’t think I’ll be there forever,” Breyer said.

On his own retirement: “There are many factors, in fact, quite a few,” Breyer said. “And the role of the court and so forth is one of them. And the situation, the institutional considerations are some. And I believe, I can’t say I take anything perfectly into account, but in my own mind, I think about those things. With those considerations in mind, I didn’t retire because I decided on balance I wouldn’t retire.”

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On savage political fights on Supreme Court nominations: “That’s the political environment,” Breyer said. “Now you may disapprove of it, I may disapprove of it, and if enough people in the public want it to change or be modified one way or the other, it will be.”

This piece was written by David Kamioner on September 13, 2021. It originally appeared in DrewBerquist.com and is used by permission.

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