The announced retirement from Stephen Breyer, who has been seating for twenty-seven years, would allow the White House to appoint a candidate to preserve the liberal wing of the institution dominated by the Conservatives.
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His quest for equilibrium and pragmatism seemed sometimes shifted in today’s, fractured and tormented America. But is not it to his honor? At age 83, Stephen Breyer, one of the nine judges of the Supreme Court, is about to formalize their retirement at the end of the current session at the end of June. The news has made the “one” media, Wednesday, January 26, both this decision offers a valuable opportunity to Joe Biden to preserve the liberal wing within the institution, dominated by the Conservatives – six against three.
Appointed by Bill Clinton In 1994, Stephen Breyer “embodies the best qualities and the highest ideals of American justice: knowledge, wisdom, equity, humility, restraint,” said Senator Democrat Chuck Schumer (New York), Chief of majority, who promised a quick confirmation process for the future candidate of the White House. The tiny margin available to the Democrats in the Senate (50-50, plus the decisive voice of the Vice-Chair, Kamala Harris) is the risk of new Embodies.
Since the beginning of the biden presidency, a friendly pressure was exercised on the judge, by interposed media. It consisted in encouraging Stephen Breyer to withdraw, because of his age, to give Joe Biden’s opportunity to promote a younger liberal judge in his place, alongside Sonia Sotomayor, 67, and Elena Kagan, 61. year. The perspective of a democratic rout in the mid-term elections, in November, would close the door for the President.
Now, one of the most important legacies of the Trump Presidency is the designation of three new Conservative Judges at the Supreme Court: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The latter had replaced the Liberal camp icon, Ruth Bader Ginsburg, causing an internal balance tilting. The death of “RBG” in 2020, at the age of 87, had left a bitter taste on the left, some regretting that the magistrate did not leave his duties under the presidency Obama.
Hopes disappointed consensus
Since this disappearance, Breyer has become the elder of the liberal wing. His hopes for consensus and constructive work with his conservative colleagues have been long fire, on topics such as immigration, CVIV-19 or abortion. An extensive offensive in many states to overthrow the ROE V historical decision. Wade, legalizing the IVG, seems relayed by the six majority magistrates.
Now, the Breyer J. rejects the idea of a politicization of the Supreme Court, a legal reading decided according to partisan lines. Defender of collegiality and deliberation, the magistrate held a position at once noble and a little isolated. In a speech in front of the Harvard Law School in April 2021, Stephen Breyer had deployed his vast culture, citing Cicero and Tocqueville, Shakespeare and Camus. This francophone end had centered its intervention on a warning against the reforming wishes of part of the Democratic apparatus, which plans to increase the number of judges sitting at the Court. Stephen Breyer had come back the story to emphasize how much the notion of confidence in the institutions had to be darling. “To express it abstractly, the power of the Court, like that of any court, must be based on the will of the public to respect its decisions, even those with which it is disagreement and even if it considers that these Decisions constitute a serious error, “he said.
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