Justice Breyer's new warning for Democrats couldn't have come at a worse time

[babylonsister]

Justice Breyer’s new warning for Democrats couldn’t have come at a worse time
American democracy is in crisis. Breyer thinks now’s the time to scold his fellow liberals.
By Ian Millhiser May 29, 2021, 9:00am EDT


Justice Stephen Breyer — a Bill Clinton appointee who has served on the Supreme Court since 1994 — has chosen this moment to admonish liberals for failing to respect the rule of law.

He’s done so despite the fact that less than five months ago, a violent mob of former President Donald Trump’s supporters invaded the US Capitol in a vain attempt to keep Trump, who had just lost his bid for reelection, in office without an electoral mandate. In the months that followed, state-level Republicans loyal to Trump passed legislation that appears to serve no purpose other than to restrict voting. And now, Republican leaders are blocking a bipartisan investigation into the January 6 riots at the Capitol.

And yet, in the midst of what might be the greatest threat to liberal democracy in the United States since Jim Crow, Breyer warns that liberals are endangering the rule of law because a small minority of Democrats have suggested taking aggressive action to rein in the Supreme Court.

And Breyer is doing this at the same time that he’s urging Democrats to find common ground with a party that refuses to investigate an attack that endangered much of Congress.

more...

https://www.vox.com/22454648/justice-stephen-breyer-supreme-court-retirement-book-harvard-court-packing-voting-democracy

[Lovie777]

1. I assume he's responding to the frequent call for him to resign by the Liberals . . ..

[gab13by13]

2. Maybe Putin hacked his emails?

[muriel_volestrangler]

3. It's slightly worrying that a liberal SC justice is living in a land of make-believe

Link to tweet

“A judge’s loyalty is to the rule of law,” Breyer writes, “not the political party that helped to secure his or her appointment.”
...
But his book can be read as an indictment of such timed retirements, which are an unavoidably political act — the entire purpose of Breyer’s retirement would be to ensure his seat is filled by a Democrat. And Breyer’s new book is a manifesto against the idea that courts should be perceived as political. “If the public comes to see judges as merely ‘politicians in robes,’” he writes, “its confidence in the courts, and in the rule of law itself, can only decline.”

He seems clueless, frankly. As if he's forgotten the past 25 years. He's writing what he wishes were true, but not what reality is. And he thinks it's a good idea for him to continue, despite the risk of a seventh conservative justice replacing him if he hangs on until illness forces him to retire.

[babylonsister]

5. It's very worrying, and all to sell a book? nt

[PortTack]

20. This!

[aocommunalpunch]

4. Absolute madness. nt

[ananda]

6. Eminently ignorable.

Dems, stand strong and ignore all Reep friendly advice.

[Jon King]

7. Yeah, that went out the window with Merrick Garland....

No rule of law when Garland's hearing never happened yet Trump got a judge in his last weeks in office. Time for court rebalancing.

[Baitball Blogger]

8. Fucking clueless.

[area51]

11. +1 n/t

[Joinfortmill]

9. A disappointing development but...

hopefully, the Congressional democrats will carry on with defending our democracy and Justice Breyer will soon retire.

[jaxexpat]

10. Yesterday's truth doesn't fit today's reality. It's a Democratic norm.

"When they go low, we go high", Michelle Obama's appeal doesn't retain much credibility in the face of the new lows they've gone to.
It's about impossible to get ahead in a game where your opponent plays for blood while you "aren't playing".

The Republican's playbook has only one purpose, to dominate. We must understand they will ALWAYS go low. There's no need to wait and see how low. Time is wasting and a ivory towered fool has stolen air time, ripping our credibility with free propaganda for the enemy.

They control the "rule of law" by testing it, while we process their obfuscation they proceed with their illegal plan, like a knife through butter.

To get ahead of it the President must ARREST and JAIL them, removing them from the public forum while the courts grind away at their protests. Re-imprison all Trump's pardonees. It's a certainty they're guilty of enough other crimes that, were they an average citizen, they'd be in prison for years.

[dlk]

12. For some people, it's all about them

One person’s opinion doesn’t change the facts.

[PortTack]

21. ☝️☝️☝️☝️☝️☝️

[OnDoutside]

13. Memo : Add to You can't make it up list....

[Bernardo de La Paz]

14. Would he feel the same if the mob had also attacked the Supreme Court building & people?

[Rebl2]

19. Of course not

He’s out of touch and needs to go. Maybe it’s time to limit how long judges can remain on the Supreme Court. Maybe twenty years, maybe a little less.

[spanone]

15. Piss off steve.

[CaptainTruth]

16. WTAF?

[Politicub]

17. We don't breathe the same rarified air

This kind of thing is frustrating. Of all the people to admonish, he goes after liberals.

I don’t know if he said anything about the rush to seat Coney Barrette, but that is more damaging than a group of people who are floating an idea.

[Hoyt]

18. Tend to agree with Breyer over proposals to increase the size of the Court. N/T

[gratuitous]

22. Is he talking about respect for the rule of law that the current Supreme Court is dismantling?

Bold strategy, Cotton.

[Fiendish Thingy]

23. What actions is Breyer objecting to? Expanding the court? How does that not respect the rule of law?

Too fucking bad, boo fucking hoo.

Court expansion is perfectly legal, and IMO, strengthens the judiciary and makes it less partisan because the influence and impact of any single Justice is weakened and diluted.

Maybe that’s what Breyer is pissed about...

[Johonny]

24. Isn't the rule of law in this case being Justices staying out of clear congressional powers

Which the size of the court is. I mean, that's how the constitution set it up. What he's demanding is the opposite. He wants the SC to tell congress how to make up the court. Totally against the rule of law!

[maxsolomon]

25. He lives in a rarefied world of "how things should be".

It must be nice.

We have to live in the world that is. The one that RW billionaires have forged with their money. The world of gerrymandering, ALEC, RW Radio, GQP obstruction of Obama's nominees, Trump's packing of the courts.

Breyer can't retire soon enough.

[Dawson Leery]

26. Lifetime appointmens were and will always be a terrible concept.

20 years and you're off the courts.

The congress is the premier branch of government and they determine the size of the court, not the court.

That court he serves on is owned by far right interest groups who seek to turn back all progress.

[Grasswire2]

27. If I saw the picture accompanying this article and didn't know who he was...

....I would see a smug, deceitful face. I am really startled by his expression. Clueless. Smug. Deceitful.