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You are here: Home / Supreme Court / Justice Stephen Breyer Announces His Retirement

Justice Stephen Breyer Announces His Retirement

by WaterGirl|  January 26, 202212:40 pm| 370 Comments

This post is in: Supreme Court

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From the Washington Post:

Justice Stephen G. Breyer will retire at the end of the current Supreme Court term, according to a source familiar with his plans, giving President Biden the chance to make his mark on the Supreme Court by nominating the first African-American female justice and reinforcing the court’s liberal minority.

Breyer, 83, is the court’s oldest justice and he has been under unprecedented pressure to retire while Democrats have narrow control of the Senate, which must confirm Supreme Court nominees. The current term ends at the end of June.

Breyer was chosen for the court in 1994 by President Bill Clinton, a year after Clinton picked Ruth Bader Ginsburg. He is known as a pragmatic liberal, more moderate than others on the left and willing to search for compromise among the court’s ideologically divided justices.

The article goes on to say:

NBC and CNN first reported the news, which had been expected.

Expected?  Seriously?

Hoped for, begged for, prayed for, lobbied for, wished for, sure.  EXPECTED?

Let the speculation begin.

Open Thread.

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Reader Interactions

370Comments

  1. 1.

    geg6

    January 26, 2022 at 12:43 pm

    Oh my, LGM will be in a tizzy.  They’ve been screaming for this for months.

  2. 2.

    zzyzx

    January 26, 2022 at 12:43 pm

    I so thought he was going to be stubborn.

    Maybe the insanity of this term is what convinced Breyer that he couldn’t wait.

  3. 3.

    Joey Maloney

    January 26, 2022 at 12:43 pm

    Who will be less enamored of their new Black female colleague? Kavanaugh, or Thomas?

  4. 4.

    Al Z.

    January 26, 2022 at 12:44 pm

    Maybe it was expected that NBC and CNN would first report this news?

  5. 5.

    Litlebritdifrnt

    January 26, 2022 at 12:44 pm

    McConnell is not going to let Biden have a Justice.  Same way he didn’t let Obama have one.  Sad but true.

  6. 6.

    MisterDancer

    January 26, 2022 at 12:44 pm

    I suspect by “expected,” they mean Breyer had alerted the Administration, not that he’s been AT ALL PUBLIC ABOUT LEAVING. (It’s petty for me to go “ugh,” yet….ugh.)

    I wonder what he has told the other Justices, at that.

  7. 7.

    Another Scott

    January 26, 2022 at 12:45 pm

    Good, good.  AFAIK, he was a decent justice, but he needs to retire.  83 is too old to be sitting on such an important court, and the SCOTUS is broken when we have to worry so very much about when people leave it.

    Fight for 15!

    Cheers,
    Scott.

  8. 8.

    Geminid

    January 26, 2022 at 12:45 pm

    @Joey Maloney: Are you getting snow over there?

  9. 9.

    Benw

    January 26, 2022 at 12:45 pm

    Speculation: Mitch declares the filibuster applies to SC appointments, has always done so, and threatens as much harm to America as the Republican party can inflict if the Democrats “go nuclear” and remove it. Media: this is fine.

  10. 10.

    Baud

    January 26, 2022 at 12:45 pm

    @Litlebritdifrnt: 
    McConnell doesn’t control the Senate this time. (Thanks, Georgia!)

  11. 11.

    MazeDancer

    January 26, 2022 at 12:46 pm

    Wonder if Mr. Biden got an okay from Manchin and Sinema first?

    On an open thread note, feel certain that there is someone here who needs this sweet, 15 year old pup in PA.

  12. 12.

    Alison Rose

    January 26, 2022 at 12:46 pm

    So we’ll have 8 justices for three years. Fun.

  13. 13.

    WaterGirl

    January 26, 2022 at 12:46 pm

    @zzyzx: I wondered if seeing that not one single Republican was willing to vote for VOTING RIGHTS got through to him that this is not your father’s republican party.

  14. 14.

    Baud

    January 26, 2022 at 12:47 pm

    I think it’s been definitively proven.

    Liberals can’t enjoy good news.

  15. 15.

    Another Scott

    January 26, 2022 at 12:48 pm

    @Litlebritdifrnt: 1) Moscow Mitch can’t stop it.  Biden only needs 51 votes and the Democrats have the majority.  2) Moscow Mitch fought to keep Garland off the court because he would have replaced the Reactionary Nino and changed the court balance of power.  Another liberal replacing Breyer won’t change the court balance of power.

    But we’ll see!

    Cheers,
    Scott.

  16. 16.

    Roger Moore

    January 26, 2022 at 12:49 pm

    @Joey Maloney:

    Who will be less enamored of their new Black female colleague? Kavanaugh, or Thomas?

    All of them, Katie.

  17. 17.

    schrodingers_cat

    January 26, 2022 at 12:49 pm

    @Baud: Yeah they have little fight in them, and love to bitch, moan and groan.

  18. 18.

    WaterGirl

    January 26, 2022 at 12:49 pm

    @MazeDancer: They don’t say why they are giving her up!

  19. 19.

    Joey Maloney

    January 26, 2022 at 12:49 pm

    @Geminid: Not in Tel Aviv. The last time it snowed here was in the 1950s I believe. But Jerusalem is expecting a couple of centimeters.

  20. 20.

    Princess

    January 26, 2022 at 12:50 pm

    If there were more SCOTUS judges, say 20 or so and I’d be happy with 30, we wouldn’t know their names and they wouldn’t find it as easy to believe they were little gods we can’t live without (yes, even that one you love) and they’d be more likely to retire more expeditiously.

  21. 21.

    zhena gogolia

    January 26, 2022 at 12:50 pm

    @Baud: I plead guilty.

  22. 22.

    Roger Moore

    January 26, 2022 at 12:50 pm

    @Litlebritdifrnt:

    McConnell is not going to let Biden have a Justice. Same way he didn’t let Obama have one. Sad but true.

    He can’t stop the Democrats from pushing one through, at least as long as they can get all 50 to agree.

  23. 23.

    Mo MacArbie

    January 26, 2022 at 12:51 pm

    I nominate Amanda Gorman. Ought to pep up the decisions some.

  24. 24.

    Kent

    January 26, 2022 at 12:51 pm

    Why all the pessimism before the process even starts?

    I’ve noticed that the Biden Administration has seriously had its shit together since day 1 in terms of appointments.  Both executive branch and judicial.  How many nominees of any kind have they had rejected.  Just that one treasury/banking official who’s name escapes me that was slimed by the GOP for growing up in the Soviet Union is the only one I can think of.  That is a far better record than any other recent president.

    If there is one thing I trust is that the Biden Administration has their shit together on this.  We aren’t going to see a “Harriet Meyers”

  25. 25.

    WaterGirl

    January 26, 2022 at 12:52 pm

    @Baud: Well, I think this is great news so count me in as part of the yippee (!) crowd.

  26. 26.

    Roger Moore

    January 26, 2022 at 12:53 pm

    @Princess: ​
     
    If there were 20 or 30 justices, politically interested people would still know their names. After all, there are plenty of people who know most of the senators, and there are 100 of them.

  27. 27.

    Joey Maloney

    January 26, 2022 at 12:53 pm

    @Kent: Also what’s her name that was nominated to head OMB because her sharp tongue made Republicans cry.

  28. 28.

    Hungry Joe

    January 26, 2022 at 12:54 pm

    Now we just have to hope that all 50 Dem senators (including Those Two) stay healthy — or at least, functioning — through the confirmation process. If we lose a single one, McConnell will slam the door, and Biden will never get a SC Justice because … because … because Mitch McConnell is Mitch McConnell, the Master of legislative Calvinball.

  29. 29.

    Baud

    January 26, 2022 at 12:54 pm

    @Joey Maloney:

    Bernie and Joe Manchin also opposed her.

  30. 30.

    WaterGirl

    January 26, 2022 at 12:54 pm

    Open thread?

    Well, it’s not done yet, there are about 12 more words/phrases to add, and then we get to add some color, but in case anyone is interested, here’s the start of the word cloud we are giving Adam Schiff as a sort-of thank you note for joining us last week.

    As you can see, most of us on the zoom were pretty energized after speaking with Congressman Schiff.

    Justice Stephen Breyer Announces His Retirement

  31. 31.

    germy

    January 26, 2022 at 12:56 pm

    Among the names being circulated as potential nominees are California Supreme Court Justice Leondra Kruger, U.S. Circuit Judge Ketanji Brown Jackson, prominent civil rights lawyer Sherrilyn Ifill and U.S. District Judge Michelle Childs, whom Biden has nominated to be an appeals court judge. Childs is a favorite of Rep. James Clyburn, D-S.C., who made a crucial endorsement of Biden just before South Carolina’s presidential primary in 2020.

    If I were a gambling person I’d put my money on J. Michelle Childs getting the nomination.  And she’d be a good choice (as would all the others on this list)

  32. 32.

    Matt McIrvin

    January 26, 2022 at 12:57 pm

    @Litlebritdifrnt: The filibuster for judicial nominees is already gone–that’s how Trump was able to get his nominees in. McConnell can’t do anything unless he can get an actual majority.

    Some people are assuming that Manchin and Sinema will oppose Biden’s nomination outright just to be shits, but there’s no history behind them doing anything like that.

  33. 33.

    Kay

    January 26, 2022 at 12:58 pm

    Great news. I thank Justice Breyer for making a good decision. I’d still prefer an age ceiling on the bench – which works really well in Ohio and was overwhelmingly reauthorized by voters when judges themselves tried to repeal it- but I know I’m not getting one.

  34. 34.

    schrodingers_cat

    January 26, 2022 at 12:59 pm

    OT: I would have liked something along these lines when I lived there.

    Reposting from the last thread. Excellent initiative by the Mumbai Police, a hotline with 3 digits for women to report stalkers and other threats to their person. The Mumbai Police equivalent of 911 is 100.

    PSA for 103

  35. 35.

    Anyway

    January 26, 2022 at 12:59 pm

    McConnel and the RW have their 6 Fox News judges – Breyers replacement won’t change anything.

  36. 36.

    Kay

    January 26, 2022 at 1:00 pm

    @Matt McIrvin:

    People are afraid they’ll use it for leverage, which is a legit fear but one we’ll have to wait and see on.

  37. 37.

    Goku (aka Amerikan Baka)

    January 26, 2022 at 1:00 pm

    @Kent:

    Some people don’t know that the Republicans eliminated the filibuster for SC nominations way back and think Mitch will block it. Or else Manchin and/or Sinema will assist him. AFAIK, they haven’t blocked Biden’s other judicial noms and Manchin voted against ACB, so who knows

    I think people just feel burned from the failure of BBB and later voting rights legislation. Never in my wildest nightmares did I think Manchinema would tank fucking voting rights. So people don’t have a whole lot of hope going forward I assume.

    It also doesn’t help that this won’t change the balance of power on the Court. It will be nice to get someone who will hopefully be younger and be on the bench for decades to come though

  38. 38.

    UncleEbeneezer

    January 26, 2022 at 1:00 pm

    @Mo MacArbie: I was thinking Kimberle Crenshaw (pioneer of CRT) or Nikole Hannah-Jones (1619 Project) to really make white heads explode.

  39. 39.

    zhena gogolia

    January 26, 2022 at 1:01 pm

    @Kent: Saule Omarova. It was terrible what they did to her.

  40. 40.

    different-church-lady

    January 26, 2022 at 1:01 pm

    Oh goodie! Now we get to see the spectacle of Sinema voting against every one of Biden’s nominees!

  41. 41.

    rikyrah

    January 26, 2022 at 1:02 pm

    Totally surprising. He was sounding very disconnected – like he didn’t know who he was on the court with. ..think he finally caught a clue.

  42. 42.

    zhena gogolia

    January 26, 2022 at 1:02 pm

    @WaterGirl: “mensch” didn’t make the cut?

    ETA: Not complaining, it’s beautiful. Just joking.

  43. 43.

    dmsilev

    January 26, 2022 at 1:03 pm

    @Matt McIrvin:

    Some people are assuming that Manchin and Sinema will oppose Biden’s nomination outright just to be shits, but there’s no history behind them doing anything like that.

    For all of their memememe nonsense with the voting rights bill and BBB and the filibuster, they’ve both been reliable votes on confirming Biden judges so far.

    So, tentatively optimistic.

  44. 44.

    zhena gogolia

    January 26, 2022 at 1:03 pm

    @UncleEbeneezer: That would be great.

  45. 45.

    WaterGirl

    January 26, 2022 at 1:04 pm

    @zhena gogolia: Here are the remaining 12 words that haven’t been placed yet.

    fascinating
    friendly
    fun
    genuine
    great writer
    honorable
    mensch
    optimistic
    personable
    realistic
    refreshing
    well-crafted book

  46. 46.

    Jim, Foolish Literalist

    January 26, 2022 at 1:04 pm

    @different-church-lady: which Biden judicial nominee has she blocked? She voted against Coney Barret

    ETA: so did Manchin

  47. 47.

    Goku (aka Amerikan Baka)

    January 26, 2022 at 1:04 pm

    @different-church-lady:

    She hasn’t so far as I know on Biden’s other judicial nominations

  48. 48.

    Mike in NC

    January 26, 2022 at 1:04 pm

    Joe should nominate Obama just to piss off the GQP.

  49. 49.

    Baud

    January 26, 2022 at 1:04 pm

    I’d imagine Breyer will stay on until his successor is appointed.

  50. 50.

    MazeDancer

    January 26, 2022 at 1:05 pm

    @WaterGirl: It’s a shelter, they don’t usually include the why the dog is there info.

    But for all you folks who would like to give an elder doggo the good life for its golden years, or months, this looks like a good chance.

    And on a SCOTUS note just read on Twitter that of the 115 Justices all but 6 have been white men.

  51. 51.

    germy

    January 26, 2022 at 1:05 pm

    Biden tells @edokeefe he is putting together a list of African-American women for potential Supreme Court nominations, but he's not planning to release it until there is further vetting https://t.co/Nj065CIsxp pic.twitter.com/JJfA2HZQgK— CBS News (@CBSNews) June 30, 2020

  52. 52.

    Kay

    January 26, 2022 at 1:05 pm

    @Goku (aka Amerikan Baka):

    It will be nice to get someone who will hopefully be younger and be on the bench for decades to come though

    I know why you’re saying it – everyone says it and I agree with it- but just so we’re clear that in our effort to avoid “ageism” re: retirement we just do it on the other end, in hiring :)

  53. 53.

    Baud

    January 26, 2022 at 1:05 pm

    @Mike in NC:

    Joe should nominate Obama just to piss off the GQP Rose Twitter.

  54. 54.

    dmsilev

    January 26, 2022 at 1:06 pm

    @Kay: I like the 18 year term idea for the Supreme Court. One vacancy comes up every two years.  If a justice dies or is incapacitated or whatever, someone is appointed to fill the remainder of the term.

  55. 55.

    JML

    January 26, 2022 at 1:06 pm

    NOT Sherrilyn Ifill. I’ve got sources on her that are…not good. besides which she’s too old for me (I want someone no older than about 50, TBH).

  56. 56.

    WaterGirl

    January 26, 2022 at 1:06 pm

    @MazeDancer: But he talks as if the dog lives with him and the other dog.  Is the fellow in the video just fostering?

    I still think there should be a back story of why/how a 15-year-old dog needs a home.

    So sweet the way he wraps himself up in his blankie.

  57. 57.

    germy

    January 26, 2022 at 1:07 pm

    New from Leader Schumer: "President Biden's nominee will receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed."

    — Kyle Griffin (@kylegriffin1) January 26, 2022

  58. 58.

    Roger Moore

    January 26, 2022 at 1:07 pm

    @Anyway:

    McConnel and the RW have their 6 Fox News judges – Breyers replacement won’t change anything.

    I don’t see it that way, and I doubt Conservatives do either.  They will fight to keep as many conservative justices on the court and as few liberals as possible, even though it looks like they have a solid majority for the foreseeable future.  Clarence Thomas is getting on in years, so there’s no telling when he might retire or die.  And there’s always the risk of somebody else dying, especially with COVID.  And you never know when a justice might take an oddball stance.  They fought long and hard to get the supermajority they have right now, and they aren’t going to stop fighting now that they have it.

  59. 59.

    dmsilev

    January 26, 2022 at 1:07 pm

    @Mike in NC:

    Joe should nominate Obama just to piss off the GQP.

    I assume you mean Michelle? Yes, that would definitely work.

  60. 60.

    Parfigliano

    January 26, 2022 at 1:07 pm

    If black female and I was her I’d bring a can of Coke to all meetings involving Thomas.

  61. 61.

    SiubhanDuinne

    January 26, 2022 at 1:08 pm

    How soon might we expect Biden to name his nominee? Breyer’s staying on through the current SCOTUS term, so June? Can the process (nomination, Judiciary Committee hearings, confirmation vote) start taking place while Breyer is still serving, or is that considered unseemly? I can’t remember how it’s worked in the past.

  62. 62.

    SiubhanDuinne

    January 26, 2022 at 1:08 pm

    @Parfigliano:

    ?

  63. 63.

    Baud

    January 26, 2022 at 1:09 pm

    Breyer didn’t want to retire.  He knows the current court is off the rails.

  64. 64.

    dmsilev

    January 26, 2022 at 1:10 pm

    And it took about 30 minutes max for the fundraising emails from all those random PACs that I’ve never heard of to start pouring in.

  65. 65.

    Elizabelle

    January 26, 2022 at 1:10 pm

    @Baud:

    I think it’s been definitively proven.  Liberals can’t enjoy good news.

    I know.  Looking in, and about to look out.

    Let’s figure out just how this can go CATASTROPHICALLY BAD! for Democrats.  We are always losing looooosers.

  66. 66.

    different-church-lady

    January 26, 2022 at 1:11 pm

    @Goku (aka Amerikan Baka): I was being sarcastic, but at this point nothing about Sinema’s spotlight hogging would surprise me.

  67. 67.

    Wapiti

    January 26, 2022 at 1:11 pm

    @Kent: The OMB nominee blocked by Manchin because she had previously called out his daughter for price-gouging at the company that made Epipens. Of course, that’s not what he said was the reason, but…

  68. 68.

    dmsilev

    January 26, 2022 at 1:12 pm

    @SiubhanDuinne: Retirements are often contingent on “once my successor has been confirmed”, so no worries there. As far as timing, as an example it took about three months to go from nomination to confirmation for Elena Kagan.

  69. 69.

    schrodingers_cat

    January 26, 2022 at 1:12 pm

    @Baud: They do hate Obama almost as much as the MAGAs do, if not more.

  70. 70.

    different-church-lady

    January 26, 2022 at 1:13 pm

    @Baud: Is this good news, or is this more like we’re down by three but at least the middle relief didn’t give up any more runs?

  71. 71.

    Kay

    January 26, 2022 at 1:13 pm

    @dmsilev:

    Well, forget it because it must stay this way FOREVER :)

    If you put that to a referendum it would pass w/65%. Because it’s sensible.

  72. 72.

    Geminid

    January 26, 2022 at 1:14 pm

    @Roger Moore: There actually was a push in some Republican circles to get Clarence Thomas to retire during Trump’s term so as to make way for a younger justice. Thomas would have none of it.

  73. 73.

    JPL

    January 26, 2022 at 1:14 pm

    @Baud: That’s what I think.

    Since the vote is up or down, let’s see how republicans vote against the black female candidate.

  74. 74.

    Baud

    January 26, 2022 at 1:14 pm

    @different-church-lady:

    We wanted this.  We got this.  It’s good news, unless we’re telling people not to trust what we say we want.

  75. 75.

    JML

    January 26, 2022 at 1:15 pm

    I’d be in on Judge Ketanji Brown Jackson and California Supreme Court Justice Leondra Kruger. both look like fine choices. (I’d like to see someone not from the fucking Ivy League for once, but I’m not going to penalize what could be the first black woman to be on the supreme court because I’m against having Harvard/Yale as a de facto pre-req.)

  76. 76.

    Nelle

    January 26, 2022 at 1:15 pm

    I suppose Anita Hill is older than we want, but still..temptation.

  77. 77.

    Omnes Omnibus

    January 26, 2022 at 1:16 pm

    @Litlebritdifrnt: ​
      How is he going to stop it?

  78. 78.

    teakay

    January 26, 2022 at 1:17 pm

    @WaterGirl: Devoted lurker here. I would add “clear-eyed” to the word balloon for Adam Schiff either as a stand alone or preceding “optimist”.  Just my two cents.

  79. 79.

    different-church-lady

    January 26, 2022 at 1:18 pm

    @Baud: Right, but it’s merely executing basic strategy — which, given the way the last one went, seems like a miracle.

    Don’t get me wrong, I’m happy it’s actually happening, but it’s like being overjoyed they didn’t screw up a routine play.

  80. 80.

    Baud

    January 26, 2022 at 1:19 pm

    @different-church-lady:

    Routine plays are what win the game.

  81. 81.

    Roger Moore

    January 26, 2022 at 1:19 pm

    @Geminid:

    There actually was a push in some Republican circles to get Clarence Thomas to retire during Trump’s term so as to make way for a younger justice. Thomas would have none of it.

    That doesn’t undo the risk of him dying unexpectedly.  Again, the Republicans have been fighting for their supermajority on the Supreme Court for decades; they aren’t going to rest on their laurels now that they have it.

  82. 82.

    RaflW

    January 26, 2022 at 1:21 pm

    Off topic, though it will probably boost the chances of NE Minn retaining the shitty Republican in Congress (which is still off topic of Scotus since House membs have no say). But it’s good news! And likely to be somewhat overpowered by the Breyer bonanza today.

    Weeks before leaving office, former President Barack Obama canceled [Twin Metals’ copper-nickel] leases and then the Trump administration issued a controversial legal analysis, reinstating the leases.
    According to the news release from the United States Department of the Interior, they determined the expired Twin Metals leases were unlawfully reinstated by the Trump administration.

    This mine was likely to leak toxic mine acid for centuries, with just a bullshit ‘500 year plan’ that any person who has watched companies mine and then go ‘bankrupt’ knows what the play is.

    eta: I suppose this will end up in lawsuits, so it’s vaguely court-related :)

  83. 83.

    different-church-lady

    January 26, 2022 at 1:22 pm

    @Baud: OK. I’m happy Breyer threw the ball to first.

  84. 84.

    Cacti

    January 26, 2022 at 1:22 pm

    Thank you Justice Breyer for not following the Justice Ginsburg plan to live forever.

  85. 85.

    Goku (aka Amerikan Baka)

    January 26, 2022 at 1:22 pm

    @Kay:

    It’s bad. Other industries are worse than others when it comes to age discrimination with hiring. I hear that tech is especially bad

  86. 86.

    laura

    January 26, 2022 at 1:23 pm

    Former Breyer law clerk Katenji Brown Jackson would be awesome! Justice Leondra Kruger would also be most excellent.

  87. 87.

    Elizabelle

    January 26, 2022 at 1:23 pm

    @Roger Moore:  Have not read Jane Mayer’s article yet, but Thomas should def recuse on anything to do with Trump.  Anything.  That lone dissent recently probably caught Roberts’ attention, too.

    I wonder if anything so bad could come out that Thomas is forced off the bench.  It could happen.

    Make that sucker wish he’d had the intelligence to retire when the going was good.

  88. 88.

    Chief Oshkosh

    January 26, 2022 at 1:23 pm

    @schrodingers_cat: Meh. It’s a business model.

  89. 89.

    Goku (aka Amerikan Baka)

    January 26, 2022 at 1:24 pm

    @Roger Moore:

    That’s a good point. They’re not going to let up so neither should we. This nomination matters

  90. 90.

    West of the Rockies

    January 26, 2022 at 1:24 pm

    @Kent:

    Agree!!

    #TakeTheWin

  91. 91.

    Goku (aka Amerikan Baka)

    January 26, 2022 at 1:26 pm

    @Elizabelle:

    That business with Gorsuck and Sotomayor makes me question that about Roberts. I still don’t get that whole thing; was Sotomayor on board with that press release denying that NPR story?

  92. 92.

    lowtechcyclist

    January 26, 2022 at 1:27 pm

    Michelle Obama isn’t interested in holding high public office (or any public office, AFAIACT).

    But that dude she’s married to would make an excellent Supreme Court Justice.

  93. 93.

    Elizabelle

    January 26, 2022 at 1:27 pm

    @West of the Rockies:

    #TakeTheWin

    I like that.

  94. 94.

    Elizabelle

    January 26, 2022 at 1:28 pm

    @Goku (aka Amerikan Baka):  I did not pay enough attention to that one.  And:  NPR.  Cannot say.

  95. 95.

    burnspbesq

    January 26, 2022 at 1:28 pm

    Near as I can tell from some quick research, there are five active African-American woman Circuit Judges—one each on the Second, Seventh, Ninth, Federal, and D.C. Circuits. All were nominated by Biden last year, and one was sworn in this week.

  96. 96.

    JPL

    January 26, 2022 at 1:29 pm

    @Elizabelle: Mike Luchovich’s latest cartoon

    mike luckovich on Twitter: “Just tweeted this cartoon, but had to take Breyer out now that he’s retiring. https://t.co/T3kX7UdAzh” / Twitter

  97. 97.

    Omnes Omnibus

    January 26, 2022 at 1:30 pm

    @lowtechcyclist: So would a lot of people.

  98. 98.

    Shalimar

    January 26, 2022 at 1:30 pm

    @Another Scott: Breyer has been a good justice other than that he’s a corporatist.   Which is true of everyone on the court now except Sotomayor, so his vote was never deciding on corporate issues

    Trying to think of the last time there weren’t at least 6 pro-corporation votes on the SC.  Maybe when Thomas replaced Marshall.

  99. 99.

    The Moar You Know

    January 26, 2022 at 1:30 pm

    There actually was a push in some Republican circles to get Clarence Thomas to retire during Trump’s term so as to make way for a younger justice. Thomas would have none of it.

    @Geminid: I remember that.  Thomas, like many of his colleagues, wants to die at the bench.  I don’t get that state of mind, and was pretty sure that was the route Breyer was going to take as well.  Glad he caught a clue.

  100. 100.

    JPL

    January 26, 2022 at 1:32 pm

    The Daily Show

    @TheDailyShow

    Mitch McConnell: “It is longstanding Senate tradition that we cannot confirm a Supreme Court justice in a year where there’s a new season of Euphoria on HBO Max.”

  101. 101.

    The Moar You Know

    January 26, 2022 at 1:33 pm

    I wonder if anything so bad could come out that Thomas is forced off the bench.  It could happen.

    @Elizabelle: it’s the same 2/3rds rule as presidential impeachments.  Not going to happen even if he shoots Trump in broad daylight on 5th Avenue.

  102. 102.

    Geminid

    January 26, 2022 at 1:34 pm

    @Roger Moore: Well, Thomas wouldn’t be pushed. I thought the effort was interesting, though, when I read about it. Thomas probably noted that the proponents of his retirement did not mention Alito, who isn’t much younger.

  103. 103.

    Omnes Omnibus

    January 26, 2022 at 1:34 pm

    @Goku (aka Amerikan Baka):  You know that the Chief Justice isn’t really in charge of anything right?  They pick the author of the opinion if they are in the majority and they have admin responsibilities.  They can’t really tell any of the other justices what to do.

  104. 104.

    Roger Moore

    January 26, 2022 at 1:34 pm

    @Elizabelle:

    I wonder if anything so bad could come out that Thomas is forced off the bench. It could happen.

    I doubt it.  Forcing him off the bench requires either shame on his part or impeachment.  You’re going to win the Lotto twice in a row before either of those happens.

  105. 105.

    burnspbesq

    January 26, 2022 at 1:35 pm

    @JPL:

    Since the vote is up or down, let’s see how republicans vote against the black female candidate.

    They’ll all do it without a second’s hesitation or a hint of remorse. This is America in 2022.

  106. 106.

    lowtechcyclist

    January 26, 2022 at 1:36 pm

    @Roger Moore:

    They fought long and hard to get the supermajority they have right now, and they aren’t going to stop fighting now that they have it.

    Tru dat.

    If I were in Biden’s position, I’d have a for-your-eyes-only message hand-delivered to Manchin, with a list of maybe a half-dozen top prospects, and a note saying, “if you have a problem with any of these, please let me know by [date].”

    I wouldn’t send the same to Sinema; she’d probably share the list with her favorite donors that same day.

  107. 107.

    Sister Machine Gun of Quiet Harmony

    January 26, 2022 at 1:36 pm

    @The Moar You Know: Agree completely. If Thomas shot Trump in broad daylight, it would split both the Republican and Democratic parties on the impeachment vote.

  108. 108.

    Baud

    January 26, 2022 at 1:37 pm

    @Sister Machine Gun of Quiet Harmony:

    Only one way to find out.

  109. 109.

    The Moar You Know

    January 26, 2022 at 1:37 pm

    They’ll all do it without a second’s hesitation or a hint of remorse. This is America in 2022.

    @burnspbesq: 51-50 regardless of the race/ethnicity/gender of the nominee.  Has that ever happened before?

  110. 110.

    MazeDancer

    January 26, 2022 at 1:38 pm

    @WaterGirl: Ah, there are Twitter conventions at play.

    “I’ve Pet That Dog” is an account with over 407K followers. No one would mistake Gideon, the person who runs the account, as being the dog’s foster.

    Yes, the video looks like the pup is in foster, could be. But the tweet is from a shelter.

    Shelters tweet pets often. You can always contact shelter for more info. People understand it’s a shelter. Almost none of them, unless they are Gideon’s hometown shelter, are lucky enough to be retweeted by him.

    So hoping the massive exposure helps 15-year-old Princess find a new home. Will confess I am projecting my I would love to have a home where I took care of Senior Dogs fantasies.

    My 3 youngish cats do not approve of my fantasy. Thus, why I am not on my way to PA.

  111. 111.

    Argiope

    January 26, 2022 at 1:39 pm

    @Sister Machine Gun of Quiet Harmony: I think if there was video of Thomas personally placing the unclaimed pipe bombs on Jan 6, that might do it.  Otherwise, nope.

  112. 112.

    Kent

    January 26, 2022 at 1:39 pm

    @Mike in NC:Joe should nominate Obama just to piss off the GQP.

    Obama is too old honestly.  He’s a 60 year old male.  I like a 40 year old female better.

  113. 113.

    geg6

    January 26, 2022 at 1:40 pm

    @Litlebritdifrnt:

    He can’t.  The Senate can now confirm with 51 votes for Supreme Court justices.

  114. 114.

    Baud

    January 26, 2022 at 1:40 pm

    @The Moar You Know:

    I can see Collins using a meaningless yes vote to top off her tank with people who continue to view her as moderate.

  115. 115.

    libarbarian

    January 26, 2022 at 1:41 pm

    Now do Pelosi!!!!!!

  116. 116.

    Omnes Omnibus

    January 26, 2022 at 1:41 pm

    @libarbarian: Fuck off.

  117. 117.

    Baud

    January 26, 2022 at 1:41 pm

    @libarbarian:

    When she’s ready.

  118. 118.

    Sister Machine Gun of Quiet Harmony

    January 26, 2022 at 1:43 pm

    @Argiope: That wouldn’t motivate Trump to shoot him though. There would have to be a video of him laughing about Trump losing the election and having super small hands.

  119. 119.

    Kent

    January 26, 2022 at 1:43 pm

    @Baud:Breyer didn’t want to retire.  He knows the current court is off the rails.

    the pressure on him had to have been absolutely WHITE HOT.

  120. 120.

    TaMara

    January 26, 2022 at 1:43 pm

    @MazeDancer: I may add that all to the good news thread tonight. <3

  121. 121.

    Cacti

    January 26, 2022 at 1:44 pm

    @Baud: Romney also, for the same reason.

  122. 122.

    Kent

    January 26, 2022 at 1:45 pm

    This should certainly take some of the attention off Ukraine.

  123. 123.

    trollhattan

    January 26, 2022 at 1:45 pm

    @Baud:

    Good news would be a Republican justice retiring. This is expected news.

  124. 124.

    burnspbesq

    January 26, 2022 at 1:45 pm

    @The Moar You Know:

    Nope. Kavanaugh’s 50-48 is the closest Supreme Court confirmation vote ever.

  125. 125.

    Baud

    January 26, 2022 at 1:45 pm

    @Kent:

    I don’t know how much pressure he personally felt though.  Justices are pretty insulated.  I do wonder whether it was the extremism of his colleagues that drove him to make this decision.

  126. 126.

    Roger Moore

    January 26, 2022 at 1:46 pm

    @libarbarian:

    If you can’t understand the difference between someone who requires Senate confirmation for their replacement and someone who doesn’t you aren’t worth paying attention to.

  127. 127.

    Argiope

    January 26, 2022 at 1:46 pm

    @Sister Machine Gun of Quiet Harmony: Sorry, I thought we were talking about Thomas being forced to retire. But your proposal is MOST acceptable.  Porque no los dos?

    ETA my real hope is that Thomas will follow the admirable example of Scalia, and soon.

  128. 128.

    Baud

    January 26, 2022 at 1:46 pm

    @trollhattan:

    No, that would have been exceptional news.  And this wasn’t “expected,” which is why there was so much angst over his decision.

  129. 129.

    lowtechcyclist

    January 26, 2022 at 1:47 pm

    @trollhattan: Good news would be a Republican justice retiring. This is expected news.

    What WaterGirl said up top.

  130. 130.

    scuffletuffle

    January 26, 2022 at 1:47 pm

    @Joey Maloney: Let it be Anita Hill.

  131. 131.

    Sister Machine Gun of Quiet Harmony

    January 26, 2022 at 1:49 pm

    Personally, I’d prefer Biden set up a task force to make recommendations about how to handle conflicts of interest and corruption in the judiciary and appoint Anita Hill in charge of THAT. It’s needed and it would push Ginny Thomas over the edge.

  132. 132.

    Omnes Omnibus

    January 26, 2022 at 1:50 pm

    @Baud: He’s 83, there is a Democratic president and a Democratic Senate, and six of his colleagues are shitheads.  This is a very reasonable decision.

  133. 133.

    lowtechcyclist

    January 26, 2022 at 1:50 pm

    @Roger Moore:

    @libarbarian:

    If you can’t understand the difference between someone who requires Senate confirmation for their replacement and someone who doesn’t you aren’t worth paying attention to.

    The lines got a bit blurry on that during TFG’s term, but they didn’t get that blurry.

  134. 134.

    Omnes Omnibus

    January 26, 2022 at 1:51 pm

    @scuffletuffle: Why?

  135. 135.

    Brachiator

    January 26, 2022 at 1:53 pm

    @JPL:

    Slept in late here in California, so am just hearing the news. This is cool. I look forward to seeing what Biden does.

    Since the vote is up or down, let’s see how republicans vote against the black female candidate.

    The Republicans have no shame and might try to give themselves cover by saying that any nominee is too librul. No matter.

    Hell, I would not mind seeing Obama as the nominee, although my dream would see him join the Court as Chief Justice upon the retirement of Roberts.

    The year 2022 continues to be interesting.

     

     

  136. 136.

    Baud

    January 26, 2022 at 1:53 pm

    @Omnes Omnibus:

    There’s nothing more important than trolling.

  137. 137.

    Bill Arnold

    January 26, 2022 at 1:54 pm

    @Hungry Joe:

    If we lose a single one, McConnell will slam the door,

    Your argument presume (why?) that all Republican Senators are immortal Liches. They are not.

  138. 138.

    scuffletuffle

    January 26, 2022 at 1:54 pm

    @Mike in NC: Michelle Obama

  139. 139.

    MazeDancer

    January 26, 2022 at 1:56 pm

    @laura: How can it not be Jackson?

    She just sailed through confirmation on her current position. No skeletons in her closet.

    She was confirmed 53-44. Collins, Graham, & Murkowski voted for her.

    And she is only 51.

  140. 140.

    Gravenstone

    January 26, 2022 at 1:57 pm

    @Baud: Ya know, if he does that only a few more times, we could get our 15 Justices before the Republican noticed. //

  141. 141.

    Another Scott

    January 26, 2022 at 1:58 pm

    @scuffletuffle: If one is going to troll, one should go all out.

    Malia Ann.

    Cheers,
    Scott.

  142. 142.

    Geminid

    January 26, 2022 at 2:01 pm

    Why do people keep wanting to put Michelle Obama to work?!!

    Wait…I think I know.

  143. 143.

    Gravenstone

    January 26, 2022 at 2:01 pm

    @Geminid: Ginny Thomas would have none of it.

    Just spitballing about the actual reason…

  144. 144.

    Jim, Foolish Literalist

    January 26, 2022 at 2:05 pm

    @MazeDancer:

    She was confirmed 53-44. Collins, Graham, & Murkowski voted for her.

    I’d bet money Graham will vote against Biden’s nominee on the grounds that the USSC is different. Collins is a wild card, Murkowski I’d bet on a yes, but not more than $100. The FL and NC Senators will be ones to watch, with an eye on their home state electorates.

  145. 145.

    A woman from anywhere (formerly Mohagan)

    January 26, 2022 at 2:05 pm

    @germy: I agree.  Biden owes Jim Clyburn A LOT, as well as the Black community, especially Black women, in general.

  146. 146.

    kindness

    January 26, 2022 at 2:05 pm

    As we all discuss this MoscowMitch is sitting in a darkened office playing out how he can steal another Supreme Court pick from a sitting Democratic president.

    You’d think this was satire but we all know it is actually happening.  What can McConnell offer Manchin or Sinema to make them switch parties now?

  147. 147.

    scuffletuffle

    January 26, 2022 at 2:07 pm

    @Omnes Omnibus: Why not? Pissing off Thomas would just be gravy.

  148. 148.

    Baud

    January 26, 2022 at 2:07 pm

    @A woman from anywhere (formerly Mohagan):

    Well, it’s going to be a black woman.

  149. 149.

    Omnes Omnibus

    January 26, 2022 at 2:07 pm

    Fuck it.  I give up.

  150. 150.

    delk

    January 26, 2022 at 2:07 pm

    Too bad Nina Turner didn’t wait another day to announce her second bid for the US House. /s

  151. 151.

    RaflW

    January 26, 2022 at 2:08 pm

    I kinda wonder if Gorsuch being a total dick about mask wearing played at least a bit of a role in dawning on Breyer that the Court is a shitshow?

  152. 152.

    JPL

    January 26, 2022 at 2:09 pm

    @Sister Machine Gun of Quiet Harmony: that would work for me.   Anita would have to ensure that her phone is unlisted because Ginny would be drunk dialing nightly.

  153. 153.

    LongHairedWeirdo

    January 26, 2022 at 2:11 pm

    Thoughts on messaging:

    We all saw how right wing groups cheered when two people’s precious, god given right to life was snuffed out because Rittenhouse turned yellow. Oh, but he knew he had their backing, because they taught him to do when a situation made him piss himself – shoot and claim self defense!

  154. 154.

    Kent

    January 26, 2022 at 2:13 pm

    @RaflW:I kinda wonder if Gorsuch being a total dick about mask wearing played at least a bit of a role in dawning on Breyer that the Court is a shitshow?

    You think something that fucking trivial would be the straw that broke the camel’s back and not egregiously partisan and consequential decisions on abortion, voting rights, and Covid?

  155. 155.

    Jim, Foolish Literalist

    January 26, 2022 at 2:15 pm

    @RaflW: I’ll admit this kind of speculation makes reading tea leaves and goat entrails seem like the hardest of sciences, but I choose to believe it was the ruling against a Covid mandate that made him say, “Damn, I think those people on that “twitter” thing might be right about these goons”

    (no goats were harmed in the composition of this comment)

  156. 156.

    Brant

    January 26, 2022 at 2:16 pm

    @Joey Maloney: After he makes a sexual suggestion involving a Coke can? It’s still a toss-up

  157. 157.

    germy

    January 26, 2022 at 2:16 pm

    I saw this question&answer over at LGM, for what it’s worth:

    Why now? Why not a year ago?

    The real answer is [Breyer] wanted to be replaced by Ketanji Brown Jackson, his former clerk, who was elevated from the D.C. District Court to the D.C. Circuit but needed around a year of seasoning on the court of appeals before she could be named.

  158. 158.

    cmorenc

    January 26, 2022 at 2:17 pm

    @Litlebritdifrnt:

    McConnell is not going to let Biden have a Justice.  Same way he didn’t let Obama have one.  Sad but true.

    McConnell can’t stop it (he engineered the special filibuster exception for SCOTUS justice nominations to permit Bush, Jr. to ram through the odious Alito).

    However, there’s always the possibility Manchin or Sinema could throw a wrench in the process…Manchin to extract some odious anti-climate change or budget concession, or Sinema just out of sheer irrational perversity to be a drama queen.

  159. 159.

    Kay

    January 26, 2022 at 2:17 pm

    I like that Schumer will move it as fast as Barrett was moved but I hope Democrats and the nominee don’t do the gross campaign video Barrett did.

    Yuck. Resist that urge. A real low point. Try to raise that standard, ok?

  160. 160.

    burnspbesq

    January 26, 2022 at 2:18 pm

    I will say that Judge Jackson impressed me at the oral argument in the Trump v. 1/6 committee case. Incisive questions and a low tolerance for bullshit.

  161. 161.

    Anyway

    January 26, 2022 at 2:19 pm

    @Omnes Omnibus:

    Yes, and not a surprise.

  162. 162.

    burnspbesq

    January 26, 2022 at 2:20 pm

    @germy:

    Not implausible, but assumes a whole bunch of facts not in evidence.

  163. 163.

    A woman from anywhere (formerly Mohagan)

    January 26, 2022 at 2:23 pm

    @Baud: Definitely!  And about f*cking time, too. And I too want a youngish female Black jurist, but I would love to see Obama on the court if only to watch MAGA heads explode. (Although any Black female could do that also).

  164. 164.

    Baud

    January 26, 2022 at 2:23 pm

    I am already disappointed in Biden’s pick.

  165. 165.

    JPL

    January 26, 2022 at 2:26 pm

    @Baud: I find it disappointing that he hasn’t share her name with the rest of us.   After all, it’s been hours since Breyer made his announcement.

  166. 166.

    Baud

    January 26, 2022 at 2:29 pm

    @JPL:

    Adam Schiff would have told us right away.  He’s a mensch.

  167. 167.

    Just One More Canuck

    January 26, 2022 at 2:29 pm

    “I am proud to nominate for Associate Justice of the Supreme Court, Imani Gandy”

  168. 168.

    Baud

    January 26, 2022 at 2:29 pm

    @Just One More Canuck:

    Ok, win.  That’s excellent.

  169. 169.

    sab

    January 26, 2022 at 2:30 pm

    A few years back I saw an interview of Breyer (possibly on C-Span) where he was asked what one book would he recommend about America, and he said ” The Education of Henry Adams”.  At which point I screamed to myself “retirement.”  If he was ever in touch with 21st century reality he isn’t any longer and hasn’t been for a while. We need more than a vote. We need some legal reasoning.

  170. 170.

    SiubhanDuinne

    January 26, 2022 at 2:31 pm

    @Kent:

    You think something that fucking trivial would be the straw that broke the camel’s back and not egregiously partisan and consequential decisions on abortion, voting rights, and Covid?

    “Something that fucking trivial” is pretty much the definition of “the straw that broke the camel’s back.”

    This has been another episode of Know Your Metaphors!

  171. 171.

    RaflW

    January 26, 2022 at 2:32 pm

    @Geminid: Would you want to spend more time at home with Ginni? I have precious little sympathy for either of them. But I’d imagine their home life is … fraught. She’s bonkers, and he’s lord knows what.

  172. 172.

    Jim, Foolish Literalist

    January 26, 2022 at 2:32 pm

    @SiubhanDuinne:

    This has been another episode of Know Your Metaphors!

    Subaru Diane, Metaphor Enforcer

    (I will watch the hell out of that show read the hell out of those comments)

  173. 173.

    germy

    January 26, 2022 at 2:32 pm

    @Just One More Canuck:

    Worried about the SCOTUS nomination process? Feeling Uneasy? Anxious? Gassy?

    Who's it going to be? WHO IS BIDEN GOING TO NOMINATE?!!

    We have you covered at @RewireNewsGroup: https://t.co/gLPqWKPzhm

    — ?Imani Gandy ? (@AngryBlackLady) January 26, 2022

  174. 174.

    Darkrose

    January 26, 2022 at 2:33 pm

    @geg6: One of the front pagers posted last week that a source they knew said this was coming shortly. I’d like to think that this will stop the traditional RGB hatefest for a while, but I’m probably wrong about that.

  175. 175.

    Omnes Omnibus

    January 26, 2022 at 2:34 pm

    @sab: What has been wrong with Breyer’s legal reasoning?  I understand why his retirement is a good idea, but where, in his decisions, has he ever shown that he was no longer up to the task?

  176. 176.

    Darkrose

    January 26, 2022 at 2:35 pm

    @Baud: She made mean tweets.

  177. 177.

    RaflW

    January 26, 2022 at 2:41 pm

    @Baud: Either Biden’s pick gets about 5 GOP votes (Collins, Romney, Murkowski and I dunno, maybe a couple others) or zero.

    A 51-50 vote with the 1 not being Harris stretched the imagination beyond my limits. It’s either GOP unity or there’s a small ‘moderate’ play that McConnell signs off on. Collins going alone signals weakness for Mitch. He won’t abide that (and he has power over Collins. I’m not sure the extent of it, but he clearly does based on her downward slope as an iconoclast.)

  178. 178.

    Kay

    January 26, 2022 at 2:42 pm

    @Omnes Omnibus:

    I think there have been legit complaints:

    In this task, Justice Stephen Breyer failed spectacularly. He zeroed in on the worst possible argument for preserving the constitutional right to abortion in light of the conservatives’ approach to precedent. He gave these justices an opportunity to frame overturning Roe as a victory for the Supreme Court’s independence (when it is actually a direct result of political influence). And he marooned himself in “philosophical” quandaries that drifted further and further away from any semblance of a point. This performance probably won’t, by itself, doom Roe; its fate was likely sealed already. But it does confirm that, by remaining on the bench, Breyer may only undermine the progressive jurisprudence he holds dear.

    Breyer responded to Roberts’ question with another two-page cogitation on the “philosophical” aspects of this “paradox.”
    “What’s the paradox?” Breyer asked. “Now maybe you think I’ve just made an argument that there isn’t one, but, really, in my head, I’m thinking I’m not sure. There may be one. And I don’t know if you’ve ever thought about this.”

  179. 179.

    Geminid

    January 26, 2022 at 2:42 pm

    @Baud: I think I’ll be fine with Joe Biden’s choice. But I worry that he might make it for the wrong reasons, and then we’ll be in real trouble.

  180. 180.

    Omnes Omnibus

    January 26, 2022 at 2:43 pm

    This is a good thread.

    Magdi Semrau

    @magi_jay

    There are some misconceptions about Manchin & Sinema. I intensely dislike both of them, but they are conservative Democrats, not Republicans. In their arbitrary centrism, they do aid the Republican cause. However, neither has shown much opposition to any of Biden’s court nominees

  181. 181.

    Omnes Omnibus

    January 26, 2022 at 2:44 pm

    @Kay: Okay.  That’s fair.

  182. 182.

    Litlebritdifrnt

    January 26, 2022 at 2:45 pm

    @Baud:  He does when you have twats like Manchin and Sinema.

  183. 183.

    Kay

    January 26, 2022 at 2:46 pm

    @Omnes Omnibus:

    It’s certainly likely they’ll confirm, but one of the things that happens when people mislead other people is people don’t trust that person. They don’t think they are trustworthy (Manchin) or predictable (Sinema). That’s a fair assessment.

    They earned this.

  184. 184.

    Gravenstone

    January 26, 2022 at 2:46 pm

    @burnspbesq: I would suggest, with gusto!

  185. 185.

    mrmoshpotato

    January 26, 2022 at 2:47 pm

    @Baud:

    I am already disappointed in Biden’s pick. 

    ?

  186. 186.

    laura

    January 26, 2022 at 2:47 pm

    @MazeDancer: come sit 6 feet beside me on this 7 foot couch. And can we just not with the Obama’s? It’s asking too much from a family that has given this Country their all and more. Let Barack and Michelle Obama live their lives the way they want to and let young, smart women and a few good men step up and do justice.

  187. 187.

    RaflW

    January 26, 2022 at 2:48 pm

    @Kent: And why not? People do things for all sorts of reasons, noble and trivial. I did also say ‘a bit’ because of course tipping point decisions are usually accretive.

    The straw that broke the camel’s back is a centuries long saying for a reason.

  188. 188.

    Jinchi

    January 26, 2022 at 2:49 pm

    @germy: The real answer is [Breyer] wanted to be replaced by Ketanji Brown Jackson, his former clerk

    God, I hope that isn’t actually the case. It’s bad enough that sitting justices get to decide when to step down, and who will pick their replacement, but it’s even worse if they feel that they can pick their own successors.
    Justices aren’t supposed to act like nobility, they shouldn’t have designated heirs.
    We really need to get rid of the lifetime appointments. Change the term to something sensible, like 10 or 20 years. Otherwise we’ll continue to have an entrenched, ossifying bench that obsesses over their own privilege instead of rule of law.​

  189. 189.

    sab

    January 26, 2022 at 2:49 pm

    @Omnes Omnibus: Sorry. I should retract comment if comments were retractable after edit window closes.

    Glad he is retiring, but that doesn’t mean there were problems in his service on the court. He was a good justice. Thanks for your correction of me since I was out of line. But the book recommendation still sucks.

  190. 190.

    Kay

    January 26, 2022 at 2:49 pm

    @Omnes Omnibus:

    I don’t know of course but I think he doesn’t want to be there when they go charging thru precedent and he’s helpless to stop them. I couldn’t do it. I’d be miserable.

    But whatever the reason I think it’s a good decision so I’m glad he made it.

  191. 191.

    jackmac

    January 26, 2022 at 2:51 pm

    @Mike in NC: Biden should nominate MICHELLE Obama!

  192. 192.

    RaflW

    January 26, 2022 at 2:52 pm

    @Just One More Canuck: She’d be amazing. But explaining why she assaulted a piece of luggage would be quite the moment in the confirmation hearing.

  193. 193.

    Gravenstone

    January 26, 2022 at 2:53 pm

    @MazeDancer:How can it not be Jackson? She just sailed through confirmation on her current position.

    If you’re expecting consistency from Republicans, you’re doing it wrong.

  194. 194.

    sab

    January 26, 2022 at 2:53 pm

    @Jinchi: I prefer an age cut-off, which Ohio has and that works well. I think our current success with re-districting is because 70 year old O’Connor could not run again.

    I do not want justices who expect to return to the job market, because then their votes are bought ahead of time. It’s already bad enough that they are buying their social circle now ( Republicans.)

  195. 195.

    Omnes Omnibus

    January 26, 2022 at 2:55 pm

    From SCOTUSblog.

  196. 196.

    Omnes Omnibus

    January 26, 2022 at 2:56 pm

    @Gravenstone: No Republican votes are needed.

  197. 197.

    Chris

    January 26, 2022 at 2:59 pm

    @Jinchi:

    Justices aren’t supposed to act like nobility, they shouldn’t have designated heirs.

    RBG’s “my last dying wish is that I not be replaced until after the election” pissed me off for exactly this reason.  Sorry Ruth, your position on the Supreme Court is not your favorite armchair for you to decide which of your grandchildren does or doesn’t get to inherit it.

  198. 198.

    Gravenstone

    January 26, 2022 at 3:00 pm

    @Omnes Omnibus: True. Just emphasizing that a nominee “sailing through” a previous hearing with bipartisan support is hardly reason to expect the exact same outcome at this much more consequential one.

  199. 199.

    sdhays

    January 26, 2022 at 3:02 pm

    @sab: I like the idea of continuing to have non-Supreme Federal judges have lifetime appointments, with Supreme Court Justices having long, fixed terms. It’s the people who set precedent who need to have some fair, predictable mechanism to keep them connected to the electorate.

    Of course, this will never happen unless we have a large, young liberal majority on the Supreme Court, because liberals can be persuaded to vote for it because it’s a good-government idea and conservatives can be persuaded to vote for it only if it’s in their narrow interests.

  200. 200.

    Chris

    January 26, 2022 at 3:04 pm

    @Kay:

    It’s certainly likely they’ll confirm, but one of the things that happens when people mislead other people is people don’t trust that person. They don’t think they are trustworthy (Manchin) or predictable (Sinema). That’s a fair assessment.

    That and the fact that the optimistic predictions about Manchin and Sinema in the last twelve months have mostly turned out to be wildly wrong, even if they seemed completely sensible.  I heard again and again in early 2021 that Manchin did a lot of hand-wringing for the cameras but was always there for us when we needed him.  That didn’t pan out, to put it mildly.  I heard in late 2021 that they’d come through for us on the Voting Rights Act, even if they hadn’t for the BBB, because voting rights was an existential matter for the Democratic Party.  Also not what happened.

    We have no idea if they’ll actually do the sane and rational thing or if they’ll decide that this is yet another opportunity to shiv the party as publicly as possible, no matter how they voted on previous judge confirmations.  (That’s especially true because all of the previous judge confirmations were completely under the radar as far as the national media was concerned).  I certainly hope they stick to their previous record of confirming judges, but nobody can say that with any certainty right now.

  201. 201.

    RaflW

    January 26, 2022 at 3:04 pm

    Fair or unfair, just from the perspective of keeping the federal bench as full as possible with Beden’s newly filled appointments, and before the 2022 Senatorial election, I’d hope Leondra Kruger is a strong contender. I’d trust CA to find a suitable replacement for their state Supreme.

  202. 202.

    Omnes Omnibus

    January 26, 2022 at 3:06 pm

    @sdhays: The issue with changing the terms of Justices is that the life time appointment is set in the Constitution.  It would take an amendment to change it.

  203. 203.

    mrmoshpotato

    January 26, 2022 at 3:09 pm

    Mitch McConnell on Supreme Court Justice Stephen Breyer's retirement, probably: "It would simply be unfair and illogical to pick a new justice this close to a presidential election we're preparing to steal."— Rex Huppke (@RexHuppke) January 26, 2022

  204. 204.

    Another Scott

    January 26, 2022 at 3:11 pm

    @Jinchi: +1

    The idea that their former clerks should be chosen for their seats makes the SCOTUS even more insular.  It’s bad enough that religious beliefs have seemingly been a litmus test, and which law school they went to has been another huge one, clerking should be way, way down on the list.  Way.

    Cheers,
    Scott.

  205. 205.

    WaterGirl

    January 26, 2022 at 3:11 pm

    @teakay: Actually we have clear-eyed optimism on there already, so my having optimistic as one of the 12 other words we could pic from was redundant!

  206. 206.

    Baud

    January 26, 2022 at 3:12 pm

    @Another Scott:

    To my knowledge, Breyer has zero pull with Biden.  If Breyer’s clerk gets picked, it’s because Biden wanted her.

  207. 207.

    Kalakal

    January 26, 2022 at 3:12 pm

    Apologies for going OT but we may be on the verge of interesting news regarding Britains beloved Prime Minister and international beacon of integrity Alexander Boris de Pfeffel Johnson or shithead as he is more popularly known. GBP just dropped about .7 of a cent vs USD in a heartbeat

  208. 208.

    Frank Wilhoit

    January 26, 2022 at 3:12 pm

    @Kay: I would put them the other way round.  Sinema is treacherous.  Manchin is just bone stupid, which makes him unpredictable.  Then the question becomes which is worse.

  209. 209.

    NotoriousJRT

    January 26, 2022 at 3:13 pm

    @zzyzx: I think the insanity of this term had to have had its effects.  At any rate, I’m glad he did. I’m not convinced he wanted to, so I give him credit for acting in the best interests of the country and the court.

  210. 210.

    Omnes Omnibus

    January 26, 2022 at 3:14 pm

    @Chris: Magi Jay’s point was that Manchin and Simema are still Democrats.  She wasn’t saying that they will certainly vote for the eventual nominee, but she was saying….  Oh just go read the thread.  Do you disagree with the points she made?

  211. 211.

    Baud

    January 26, 2022 at 3:15 pm

    @Kalakal:

    GBP just dropped about .7 of a cent vs USD in a heartbeat

    What’s that in Euros?

  212. 212.

    Omnes Omnibus

    January 26, 2022 at 3:15 pm

    @Baud: I didn’t go to Burger King.

  213. 213.

    WaterGirl

    January 26, 2022 at 3:16 pm

    @Omnes Omnibus: I think a good chief justice could talk about reputation and honor and encourage non-partisan rulings, etc.  Do you think that’s wrong?

  214. 214.

    Chris

    January 26, 2022 at 3:17 pm

    @Omnes Omnibus:

    No, I’m saying that nobody knows what the hell they’ll vote for, and that as such, a great deal of skepticism and concern is perfectly warranted.

    It doesn’t matter if I agree or disagree with any of the points she makes.  A year ago, I probably wouldn’t have disagreed that Manchin was annoying but mostly harmless.  Six months ago, I wouldn’t have disagreed that the VRA was too existential an issue for any Democratic Party member to block it.  We have no idea which way Manchin and Sinema will ultimately jump, that’s all.

  215. 215.

    Another Scott

    January 26, 2022 at 3:18 pm

    @Gravenstone: Yup.

    Garland was confirmed 76:23 to the DC Court of Appeals.

    Cheers,
    Scott.

  216. 216.

    Jim, Foolish Literalist

    January 26, 2022 at 3:18 pm

    1. let’s wait until Manchin or Sinema give some sign they’re going to fuck Biden over on this appointment before we start screaming about it
    2. all the outrage about Breyer’s Machiavellian plot to name his own successor is based on a comment on a blog? do I have that right  ?
  217. 217.

    Kent

    January 26, 2022 at 3:18 pm

    @sab:

    @Jinchi: I prefer an age cut-off, which Ohio has and that works well. I think our current success with re-districting is because 70 year old O’Connor could not run again.

    I do not want justices who expect to return to the job market, because then their votes are bought ahead of time. It’s already bad enough that they are buying their social circle now ( Republicans.)

    I would not prefer an age cutoff.  I’d prefer fixed terms.  Say 18-year terms staggered 2 years apart so that each president gets two nominees during each presidency.  And if a justice dies or retires without serving out their term the president nominates a replacement who only serves out that term (but would be eligible to be re-nominated)

    I would also change the confirmation process so that justices are presumed have the consent of the Senate unless the Senate marshals 51 votes to reject them.   If the Senate fails to take up the nomination after say 90 days the justice is deemed to be confirmed.  You could give even more power to the president if you wanted to by imposing a supermajority for rejection.  say 55 votes are required to reject a nominee or some such.

  218. 218.

    WaterGirl

    January 26, 2022 at 3:18 pm

    @MazeDancer: Ah.  That’s a good example of why/how I think it would be incredibly useful if folks who post tweets here would provide some context for the tweets they are sharing.

  219. 219.

    p.a.

    January 26, 2022 at 3:19 pm

    A liberal African-American female CATHOLIC, just to shove it up the Ratzinger-justices’ asses.

    A rara avis though, I would guess.

  220. 220.

    Baud

    January 26, 2022 at 3:20 pm

    @Jim, Foolish Literalist: \

    all the outrage about Breyer’s Machiavellian plot to name his own successor is based on a comment on a blog? do I have that right  ?

    It’s out there, man.

  221. 221.

    Omnes Omnibus

    January 26, 2022 at 3:20 pm

    @WaterGirl: I think that consequential Chief Justices have been consequential because of who they were not because of the title.

  222. 222.

    The Moar You Know

    January 26, 2022 at 3:21 pm

    What can McConnell offer Manchin or Sinema to make them switch parties now?

    @kindness: We’ve been through this before:  nothing. If they switch they start as newbies.  For Sinema, she loses Banking, and Commerce.  Good slots for a rookie, the GOP won’t offer her anything like that.  Machin would lose his spots on Armed Services, Appropriations, and the chairmanship of Energy.  Thereby becoming valueless to his owners.  He will never switch.

  223. 223.

    WaterGirl

    January 26, 2022 at 3:21 pm

    @Geminid: Nothing nefarious; I think it’s because they adore Michelle Obama.

  224. 224.

    Another Scott

    January 26, 2022 at 3:23 pm

    @Jim, Foolish Literalist: Touche’.

    Cheers,
    Scott.
    (“Who, while he’s here, still thinks any reform should include expanding the SCOTUS to 15.”)

  225. 225.

    WaterGirl

    January 26, 2022 at 3:23 pm

    @germy: That is very interesting take.

  226. 226.

    Kent

    January 26, 2022 at 3:23 pm

    @Jim, Foolish Literalist: all the outrage about Breyer’s Machiavellian plot to name his own successor is based on a comment on a blog? do I have that right  ?

    And probably some precedent since Justice Kennedy reportedly influenced his own replacement Kavanaugh, who was Kennedy’s own clerk as I recall.

  227. 227.

    Another Scott

    January 26, 2022 at 3:25 pm

    @Kent: Kavanaugh and Gorsuch both clerked for Kennedy.

    Cheers,
    Scott.

  228. 228.

    Omnes Omnibus

    January 26, 2022 at 3:26 pm

    @Chris: Nobody knows what the next six months holds.  Thomas and/or Alito could resign, die, or retire due to ill health.  Kavanaugh could be indicted or drunk drive into the Tidal Basin and drown.  Various GOP senators could be charged in the Jan. 6th investigation.  And so on.

  229. 229.

    geg6

    January 26, 2022 at 3:26 pm

    @libarbarian:

    Stupidest comment I’ve seen in a long time.

    Jesus.

  230. 230.

    Kalakal

    January 26, 2022 at 3:26 pm

    @Baud: 3 hectolitres per milliard

  231. 231.

    Kent

    January 26, 2022 at 3:27 pm

    @The Moar You Know: Neither Sinema nor Manchin would stand a chance running for re-election as Republicans in the AZ or WV Republican primaries.  Not when the voters have real true blue MAGAs to choose from.

    The best that they could do would be to pull an Angus King or Bernie Sanders and declare to be independents and then caucus with one side or the other.  But that still requires getting through one of the primaries and onto the ballot which is the real problem.

  232. 232.

    trollhattan

    January 26, 2022 at 3:28 pm

    @Another Scott: A confederacy of duncesdouches.

  233. 233.

    Jim, Foolish Literalist

    January 26, 2022 at 3:28 pm

    @Kent: so the theory is that Breyer modeled his conduct on Kennedy’s out of partisan spite? admiration? I find this, too, implausible.

    Maybe his doctor or his family told him to find a way to reduce stress. Maybe he’s got some progressive grandchildren. Maybe Kavanaugh is extremely flatulent. I find any of those speculations more credible

  234. 234.

    Kent

    January 26, 2022 at 3:30 pm

    @Another Scott: Yes, but Gorsuch replaced Scalia, Kavanaugh replaced Kennedy.

    Kennedy had no role in creating the opening that Gorsuch filled.  That was due to Scalia dying and McConnell doing his nefarious thing.  But Kennedy did orchestrate the opening that Kavanaugh filled.

  235. 235.

    WaterGirl

    January 26, 2022 at 3:31 pm

    @Omnes Omnibus: So you think the president who nominated those men as chief justice was a better judge of character?  Or were the presidents who nominated them of better character themselves, and chose them for better reasons?

    I don’t know the history and I’m certainly not suggesting that you research anything, just wondering out loud.

  236. 236.

    Geminid

    January 26, 2022 at 3:31 pm

    @WaterGirl: Well, there’s that. And people want stars, and most people will be seeing the nominee’s name for the first time when Biden announces his choice.

  237. 237.

    Omnes Omnibus

    January 26, 2022 at 3:32 pm

    @Jim, Foolish Literalist: Biden has said he is going to nominate a black woman.  Based on her qualifications (including her clerkship for Breyer), Judge Jackson is automatically going to be on the short list.  Nothing nefarious there.

  238. 238.

    RaflW

    January 26, 2022 at 3:32 pm

    @Omnes Omnibus: It strikes me that the declining pace of amendments to the US Constitution post the 26th A (27th being quite the oddity!) is another indication of the increasing sclerosis of our system.

    Given the current political situation, one could foresee the need for a fair bit of constitutional re-working in the years ahead.  The chances of that happening, on the other hand, seem remote.

  239. 239.

    Kent

    January 26, 2022 at 3:32 pm

    @Jim, Foolish Literalist: I’m not saying Breyer orchestrated (or is orchestrating) anything.  I’m just suggesting that the reason *some* believe that might be the case is because there seems to be a precedent for it with Kennedy.

  240. 240.

    Omnes Omnibus

    January 26, 2022 at 3:33 pm

    @WaterGirl: Earl Warren proved to be a surprise to Eisenhower.

  241. 241.

    MazeDancer

    January 26, 2022 at 3:35 pm

    @laura: Did you mean to reply to someone else?

    Because my comment was supporting Judge Jackson. Never mentioned Mrs. Obama, would never do that. It’s as wacky as people who are suggesting it’s gonna be the VP.

  242. 242.

    ?BillinGlendaleCA

    January 26, 2022 at 3:37 pm

    @Jim, Foolish Literalist:

    Maybe Kavanaugh is extremely flatulent.

    Beer will do that.

  243. 243.

    Martin

    January 26, 2022 at 3:37 pm

    Really hope Biden/Schumer do this with Barrett-like speed. DC has this way of dragging shit out to a degree that it can manage to ruin even the best idea.

  244. 244.

    geg6

    January 26, 2022 at 3:39 pm

    @Another Scott: ​
     
    I’d be perfectly happy to see SCOTUS clerks permanently barred from being nominated for SCOTUS. I am not impressed by that data point on a CV. I’d make so the only clerking allowed for such nominees is at the lowest possible court beyond the local magistrate level. Here in PA, that would the Court of Common Pleas. I’m sick of these Ivy League assholes who never argue a case or meet an actual defendant or plaintiff. It’s all too nepotistic for me.

  245. 245.

    randy khan

    January 26, 2022 at 3:40 pm

    I would be remiss if I didn’t mention that the first place I saw the Breyer news was on Lawyers, Guns and Money, about a week ago, as one of the front-pagers got the news from someone close to Breyer.  But I realize that top-10,000 political blogs don’t count.

  246. 246.

    sdhays

    January 26, 2022 at 3:41 pm

    @Omnes Omnibus: Exactly. There’s no way it happens unless there’s extremely broad agreement across the political spectrum.

    I think it would be a better system. But I’m not holding my breath.

  247. 247.

    Urza

    January 26, 2022 at 3:41 pm

    If only we could pass a law preventing Federalist Society judges from being on any federal or high state court we could solve alot of problems.

  248. 248.

    Miss Bianca

    January 26, 2022 at 3:42 pm

    @Jim, Foolish Literalist:

    @SiubhanDuinne:

    Subaru Diane, Metaphor Enforcer

    THE METAFORCER! She’s coming for you – so mind your Ps and Qs!

  249. 249.

    sdhays

    January 26, 2022 at 3:46 pm

    @Kent: I think Manchin could easily win as GQP candidate in WV. If he can win there as a Democrat, he can win as a Republican. He’s a very unique case.

    That said, he clearly doesn’t want to. As bad as he is, he’s a lot better than the most liberal Republican. That’s why I just have never understood people wanting to “kick him out of the Party” because he’s crap. Yes, he’s crap. But he’s giving us our majority, and that’s far from nothing.

    Sinema on the other hand, is done, regardless of what she does now. I just don’t see how she pulls out of the hole she’s dug for herself.

  250. 250.

    trollhattan

    January 26, 2022 at 3:48 pm

    @Omnes Omnibus: I remember “Impeach Earl Warren” billboards along rural highways when I was a kid. Had zero idea why quizzical Uncle Sam wanted this, nor who Earl Warren might have been.

  251. 251.

    trollhattan

    January 26, 2022 at 3:48 pm

    @Urza: Yup. They’re an actual demon factory.

  252. 252.

    trollhattan

    January 26, 2022 at 3:49 pm

    @Miss Bianca: ​

    so mind your Ps and Qs!

    And don’t disturb any Ws.

  253. 253.

    Gary K

    January 26, 2022 at 3:52 pm

    Paul Campos, one of the front-pagers at Lawyers, Guns, and Money was reporting this over a week ago: “[S}omeone I know very well and trust completely is fairly tight with Stephen Breyer, and tells me that Breyer is very seriously considering announcing his retirement before the end of the current SCOTUS term, possibly even in the next few weeks.”

    https://www.lawyersgunsmoneyblog.com/2022/01/breyer-retirement-announcement-imminent

    I imagine there were scores of other people similarly situated, yet not able to report any hard news until today.

  254. 254.

    different-church-lady

    January 26, 2022 at 3:54 pm

    @The Moar You Know:

    Thomas, like many of his colleagues, wants to die at the bench.

    I find his proposal acceptable.

  255. 255.

    Kay

    January 26, 2022 at 3:54 pm

    Jonathan Chait
    @jonathanchait
    · 22h
    “I’m genuinely open to the idea that censorship from the right is more of a problem than I have acknowledged… our problem today is illiberalism on both sides.” –@JohnHMcWhorter https://nytimes.com/2022/01/25/opinion/woke-free-speech.html

    Jennifer Berkshire
    @BisforBerkshire
    ·20h
    One third of students in the entire country now attend school in a state that has enacted an education gag order, all from the right.

    The ridiculous “cancel culture” panic they started ended with Right wingers dumping a truckload of shit on K-12 teachers so they’re all going to walk away now. Their work here is finished! Good luck on that free speech thing!

  256. 256.

    lowtechcyclist

    January 26, 2022 at 3:57 pm

    @MazeDancer: And on a SCOTUS note just read on Twitter that of the 115 Justices all but 6 have been white men.

    The slow pace of change becomes absolutely glacial on the Supreme Court, given that there’s only nine Justices, and they tend to stay on the Court for decades.  Only fifteen people have joined the Supreme Court in the past 50 years.

  257. 257.

    Another Scott

    January 26, 2022 at 3:58 pm

    @geg6: +1

    I get it.  Smart students want to go to the schools that have the best reputation.  Successful law students want to clerk for the most prestigious judges.  Successful clerks want to get nominated to the most prestigious courts.

    But the courts should not be about a very narrow jobs pipeline for the well-connected.  They should be about fairness and equal justice under law and understanding the full ramifications of their rulings in the full context of the Preamble to the Constitution.

    Biden has done well with his appointment thus far (though the pace (especially for the foreign service) is too slow.  There are systemic issues in the pace of the appointment and confirmation process that need to be addressed.), I expect his SCOTUS pick(s) will be good as well.

    Thanks.

    Cheers,
    Scott.

  258. 258.

    Baud

    January 26, 2022 at 3:58 pm

    @Kay:

    I’m genuinely open to the idea that censorship from the right is more of a problem than I have acknowledged… our problem today is illiberalism on both sides.

    Shouldn’t one of these anti-cancel culture experts actually dig into the data and come up with a conclusion that they then defend as to which side is worse when it comes to censorship?

    What are we paying them for anyways?

  259. 259.

    SiubhanDuinne

    January 26, 2022 at 3:59 pm

    @trollhattan:

    I remember hearing people sing “Hang Earl Warren from a sour apple tree” to the tune of the Battle Hymn of the Republic. Have no recollection what the rest of the words were, but I’m sure they were uncomplimentary.

  260. 260.

    SiubhanDuinne

    January 26, 2022 at 4:02 pm

    @lowtechcyclist:

    Only fifteen people have joined the Supreme Court in the past 50 years.

    And fully 20% of those were appointed by TFG, which is just a horrible thing to contemplate.

  261. 261.

    SiubhanDuinne

    January 26, 2022 at 4:04 pm

    @Miss Bianca:

    THE METAFORCER

    Hahahahaha!

  262. 262.

    Kay

    January 26, 2022 at 4:07 pm

    @Baud:

    All panics end the same way. The people who started it walk away with “I’d like to slightly modify my position and extract myself from this nightmare” and people who had absolutely nothing to do with it suffer for years.

    They all should have to contribute a share of their substack profits to a legal defense fund for the teachers who are going to be fighting getting fired under these ridiculously vague and designed for abuse speech laws. The teachers with a union will have lawyers, but all of the speech laws are clustered in anti-union states.

    There’s anti-gay speech laws in public schools now too. Good work, speech enthusiasts! Just excellent.

  263. 263.

    lowtechcyclist

    January 26, 2022 at 4:10 pm

    @dmsilev: I like the 18 year term idea for the Supreme Court. One vacancy comes up every two years.  If a justice dies or is incapacitated or whatever, someone is appointed to fill the remainder of the term.

    And how is it handled when the President’s party doesn’t control the Senate, and the vacancy goes unfilled for years?

    Doesn’t matter.  It would take a Constitutional amendment to make this change, and that’s really gonna happen.

  264. 264.

    trollhattan

    January 26, 2022 at 4:11 pm

    @different-church-lady:

    Give Clarence ALL the McRibs.

  265. 265.

    Kay

    January 26, 2022 at 4:13 pm

    @Baud:

    Ida Bae Wells
    @nhannahjones5h
    This law argues at once that history must be taught in an objective way that does not distort, suppress facts, while also requiring teaching US history to say that the pro-slavery Constitution & explicitly racist legal system lasting 350 years was matter of personal prejudice.

    I’m 8 years from retiring and I didn’t learn this version of history in public school. They are taking us back at least a hundred years.

  266. 266.

    trollhattan

    January 26, 2022 at 4:14 pm

    @SiubhanDuinne: ​?
    I presume it was a John Bircher operation, and it wasn’t until reading the Pearlstein books I came to realize how far and deep their pernicious reach has been. Today’s Republican playbook was invented in the ’50s.

  267. 267.

    Kay

    January 26, 2022 at 4:19 pm

    Joel Wertheimer
    @Wertwhile
    · 1h
    Replying to @SpecialPuppy1
    It’s all about young voters who are -42 Biden and +19 Warnock, which suggests to me that young voters are Democrats who are upset with Biden which is entirely consistent with all the other polling we’ve seen

    Good news for Warnock. Not for Biden, but at least it’s a clue on he’s tanking with the youngs. The best case would be it doesnt spread.
    Not being a young and only meeting with one or two sporadically, I don’t know what the issue is but Democrats better find out.

  268. 268.

    Baud

    January 26, 2022 at 4:23 pm

    @Kay:

    I think young voters were hoping for more bipartisanship from Biden.

  269. 269.

    CaseyL

    January 26, 2022 at 4:26 pm

    @Kay:

    Not being a young and only meeting with one or two sporadically, I don’t know what the issue is but Democrats better find out.

     

    The youngs want college debt forgiveness and they’re not getting as much of it as they want. They also don’t understand that Biden can’t do much to get Manchin and Sinema in line and figure that’s his fault for not being as, um, Leadery as….. Bernie Sanders.*

    *Famous for his ability to persuade Senators to vote his way.**

    **that’s sarcasm, BTW.

  270. 270.

    Kay

    January 26, 2022 at 4:28 pm

    @Baud:

    Guffaw. It would be funny though – “can’t he reach across the aisle?”

    Whatever they want we should give them.

  271. 271.

    Kay

    January 26, 2022 at 4:29 pm

    @Baud:

    I think the GA polling is intended to be bad news, but I think it’s good. Tied in Georgia is good.

  272. 272.

    lowtechcyclist

    January 26, 2022 at 4:30 pm

    @Gravenstone: a nominee “sailing through” a previous hearing with bipartisan support is hardly reason to expect the exact same outcome at this much more consequential one.

    Tru dat. Consider Merrick Garland.

  273. 273.

    Baud

    January 26, 2022 at 4:31 pm

    @Kay:

    They want legislation that Manchin and Sinema won’t support, I believe.

  274. 274.

    Ksmiami

    January 26, 2022 at 4:32 pm

    @Kay: Manchin and Sinema – they tanked the agenda. It’s not complicated with the young

  275. 275.

    Kent

    January 26, 2022 at 4:32 pm

    @sdhays: I think Manchin could easily win as GQP candidate in WV. If he can win there as a Democrat, he can win as a Republican. He’s a very unique case.

    The general election maybe.  The primary is the problem.  He voted to impeach Trump twice.  And voted against Barrett for SCOTUS.  If it is a choice between Manchin and some full throated MAGA trumper, I’m not so sure how the die hard GOPers in WV are going to vote.

  276. 276.

    trollhattan

    January 26, 2022 at 4:35 pm

    @Kay: Guessing the takeaway is that they won’t be voting for “the other guy” instead of Biden, but staying home. So GOTV or go home.

  277. 277.

    Omnes Omnibus

    January 26, 2022 at 4:36 pm

    @trollhattan: Biden isn’t on the ballot until 2024.

  278. 278.

    trollhattan

    January 26, 2022 at 4:38 pm

    Florida man. For state surgeon general: “Yes or no questions are not that easy to find in science.” Get a load of this guy.
    https://mobile.twitter.com/RonFilipkowski/status/1486368543344140299

  279. 279.

    trollhattan

    January 26, 2022 at 4:39 pm

    @Omnes Omnibus: ​I assume the Republicans have a plan for that.

  280. 280.

    mrmoshpotato

    January 26, 2022 at 4:39 pm

    @Kay:

    Guffaw. It would be funny though – “can’t he reach across the aisle?” 

    Whatever they want we should give them.

    Well, yes!  And we should always listen to the Lincoln Project lads about what’s fucked up with the Democratic party.  And why we should turn the reigns over to them.

  281. 281.

    jimmiraybob

    January 26, 2022 at 4:40 pm

    @Benw: “Speculation: Mitch declares the filibuster applies to SC appointments, has always done so, and threatens as much harm to America as the Republican party can inflict if the Democrats “go nuclear” and remove it. Media: this is fine.”

    It’s what the Founding Fathers wanted*.  Que sound of angels singing.

    *They may not have said it or written it down but they were probably, most certainly, possibly, very likely thinking it.  The new originalism.

  282. 282.

    lowtechcyclist

    January 26, 2022 at 4:40 pm

    @SiubhanDuinne: And fully 20% of those were appointed by TFG, which is just a horrible thing to contemplate.

    Even more horrible to contemplate, a majority of the current Supreme Court was appointed by TFG and Shrub.

  283. 283.

    Roger Moore

    January 26, 2022 at 4:40 pm

    @Kent:

    I think the rule that the Senate has only a fixed time to consider nominees should be applied more generally.  It might be a bit longer for nominations made at the very beginning of the presidential term, since there are so many of them then, but in general the Senate shouldn’t be able to stall any nomination indefinitely just by refusing to take it up.

  284. 284.

    mrmoshpotato

    January 26, 2022 at 4:43 pm

    @trollhattan:

    Florida man. For state surgeon general: “Yes or no questions are not that easy to find in science.” Get a load of this guy. 

    How about Yes or No answers then?

    “Should you drink rubbing alcohol?” ?

  285. 285.

    NotMax

    January 26, 2022 at 4:49 pm

    @mrmoshpotato

    turn the reigns over to them

    Okay, letting that one slide by, in context.

    ;)

  286. 286.

    JPL

    January 26, 2022 at 4:52 pm

    This is from Jake Sherman.   I’m not sure how good his sources are though

    Midday: The White House will nominate a judge for the Supreme Court, a source tells me. The nominee isn’t going to be someone who is not currently a judge.

  287. 287.

    Baud

    January 26, 2022 at 4:54 pm

    @JPL: Most are judges.  I think Kagan wasn’t.  Earl Warren wasn’t, and I think Brennan wasn’t.

    ETA:  Rehnquist might not have been either

    ETA2:  I assume the leak was in response to Sheryl Ifill and Imani Gandy rumors.

  288. 288.

    lowtechcyclist

    January 26, 2022 at 4:56 pm

    @Roger Moore:

    I think the rule that the Senate has only a fixed time to consider nominees should be applied more generally.

    Is that really a rule?  Because yeah, it should be one.  And it could certainly be a Senate rule, though that could be changed the moment that control of the Senate changes hands.

    It might be a bit longer for nominations made at the very beginning of the presidential term, since there are so many of them then, but in general the Senate shouldn’t be able to stall any nomination indefinitely just by refusing to take it up.

    I’d propose something like 60 days for Cabinet appointments, 120 days for Article III courts, and 180* days for all other Presidential appointments requiring the ‘advice and consent’ of the Senate.  If no up-or-down vote by then, the Senate is assumed to have given its consent.

    *Because there are so damned many of them for the Senate to consider.  Literally thousands, IIRC.  That number needs to be cut way back, of course.

  289. 289.

    Omnes Omnibus

    January 26, 2022 at 4:58 pm

    @Baud: Brennan was on the NJ Supreme Court.  Douglas was on the SEC and not a judge.

  290. 290.

    mrmoshpotato

    January 26, 2022 at 5:02 pm

    @trollhattan:

    Give Clarence ALL the McRibs. 

    I don’t like Thomas either, but that’s just cruel – to any human’s GI tract.

  291. 291.

    debbie

    January 26, 2022 at 5:04 pm

    @zzyzx:

    Or the thought of an even insaner future.

  292. 292.

    JPL

    January 26, 2022 at 5:04 pm

    @mrmoshpotato: Most republicans think cruelty is the point.   Maybe he’ll like it.

  293. 293.

    Baud

    January 26, 2022 at 5:04 pm

    @Omnes Omnibus:

    NJ Supreme Court

    Does that really count?

  294. 294.

    debbie

    January 26, 2022 at 5:08 pm

    @Kay:

    I would bet Biden already knows that.

  295. 295.

    debbie

    January 26, 2022 at 5:11 pm

    @Kay:

    I assume you’ve seen this?

    Anew bill filed on December 28 in the Florida Legislature would place video cameras in school classrooms and force teachers to wear microphones. The legislation would also allow parents to review video of any “incidents.”

    Bob Rommel, a Republican member of the Florida House of Representatives, sponsored the measure, HB 1055. Rommel has spoken out against critical race theory on his Twitter account, and he indicated his proposal would also allow the monitoring of teachers who may be teaching such concepts to students.

  296. 296.

    mrmoshpotato

    January 26, 2022 at 5:11 pm

    @NotMax: My mistake, but it still works.

    Speaking of reign, The Who

  297. 297.

    satby

    January 26, 2022 at 5:12 pm

    @Kay: it’s school loans. It’s really crushing a generation of kids.

  298. 298.

    Emma from Miami

    January 26, 2022 at 5:18 pm

    @Kay: The youngs are great believers in the Green Lantern theory. Biden won the election. He should just wave his hand and liberal paradise should appear. And if it doesn’t, it’s because he doesn’t want to.

    God, I love them, and will fight for them as much as I can but their innocence makes me tired.

  299. 299.

    debbie

    January 26, 2022 at 5:20 pm

    Oy.

    If Biden was serious about unity, he’d renominate Robert Bork to fill Breyer’s spot on the Supreme Court.
    — New York Times Pitchbot (@DougJBalloon) January 26, 2022

  300. 300.

    zhena gogolia

    January 26, 2022 at 5:20 pm

    @Emma from Miami: me too

  301. 301.

    Baud

    January 26, 2022 at 5:24 pm

    @Emma from Miami:

    Biden won the election. He should just wave his hand and liberal paradise should appear.

     
    So nuts. Biden isn’t Baud!

  302. 302.

    PJ

    January 26, 2022 at 5:26 pm

    @Emma from Miami: I think you confused innocence with ignorance.

    How our government works (or doesn’t) is not a mystery.  I had a class on it in high school, and I bet most kids still have a similar class.  If not, Schoolhouse Rock has some three minute lessons: https://www.youtube.com/watch?v=tyeJ55o3El0

  303. 303.

    Lyrebird

    January 26, 2022 at 5:27 pm

    @Kay: The teachers with a union will have lawyers, but all of the speech laws are clustered in anti-union states.

    Interesting coincidence!

     

    UGH.

    Even in a state with a powerful teacher’s union, we have people showing up at Board of Ed meetings screeching against CRT etc.  But the Fla law is taking creepy to new lows.

     

    I mean, I remember when people would mention Godwin’s law bc the fascism comparisons were over the top.

  304. 304.

    Served

    January 26, 2022 at 5:27 pm

    What a broad condescending brush people are breaking out to use on the young.

    The fact is that the current young cohort is facing extreme (climate, financial, etc.) crises that have compounded under older generations’ watch, and the older generation (which is still in power), has not tackled these crises in any way that matches their severity.

    Is it Biden’s fault? Not totally, but Presidents own their circumstances, for better or worse. The administration really needs to work on flipping this script and convincing young voters that they are producing for them.

  305. 305.

    David ? ☘The Establishment☘? Koch

    January 26, 2022 at 5:28 pm

    At age 40, Beyoncé would be the youngest Justices to serve on the court

  306. 306.

    debbie

    January 26, 2022 at 5:31 pm

    I wonder if McConnell will have the balls to complain about the speed of the nomination and confirmation of a replacement.

  307. 307.

    Roger Moore

    January 26, 2022 at 5:32 pm

    @RaflW:

    It strikes me that the declining pace of amendments to the US Constitution post the 26th A (27th being quite the oddity!) is another indication of the increasing sclerosis of our system.

    I don’t quite agree.  Historically, Amendments tended to come in bunches separated by periods of stability.  It was more than 60 years between the 12th and 13th Amendments, and more than 40 years between the 15th and 16th.  I agree that there need to be some changes in the Constitution, but I think that once the nation gets in the mood to apply them we’ll get a bunch again.

  308. 308.

    NotMax

    January 26, 2022 at 5:34 pm

    @David ? ☘The Establishment☘? Koch

    Hm. Associate Justice Biles has a certain ring to it….

    “Yet to determine about fair but she sure is balanced.”

    ;)

  309. 309.

    w

    January 26, 2022 at 5:36 pm

    @Joey Maloney:

    Who will be less enamored of their new Black female colleague? Kavanaugh, or Thomas?

    Hands down its Thomas on this one.

    Embraces a White Male Dominated social and political paradigm that inflicts cruelty, pain and disparity on people of color

    Married a Mid-Western white woman who is even more extreme than he is re: above

    Treated Anita Hill like she was one up from a street walker, cuz everyone knows high achieving, professional black women who are Yale law school graduates would get all turned on by his kinky dirty innuendos

    I’ve always felt he has a deeply internalized hatred of his blackness in general and black women specificially

    If Anita Hill wasn’t pushing 70 I’d say nominate her, just for the Karma.

  310. 310.

    schrodingers_cat

    January 26, 2022 at 5:36 pm

    Student loans affect a miniscule portion of the population and loan forgiveness of the current graduates is not a fix to the problem.  The entire system needs an overhaul. Kay had a good idea of being able to discharge student loans during bankruptcy proceedings.

    Biden never promised loan cancellation by executive order. Give me free stuff and then I will vote for you is not an ideology. EW keeps tweeting at Biden to cancel student loans on Twitter every single day. Populists give me a headache. YMMV.

    The other day someone was complaining that registering to vote is hard for college students.

    We saw how the people who complain about forever wars reacted with a yawn when Biden ended Afghanistan engagement.

  311. 311.

    zhena gogolia

    January 26, 2022 at 5:36 pm

    @Served: I’ve been a Democrat all my life. I voted for Carter Gore and both Clintons. Don’t blame me for the climate policy

  312. 312.

    Ella in New Mexico

    January 26, 2022 at 5:41 pm

    @w:

    Hey!!! Something wierd happened and posted my comment under that erroneous nym.

    Sorry

  313. 313.

    RaflW

    January 26, 2022 at 5:41 pm

    @Kay: The swirling corners of Twitter are not the real world. Of course. But it seems failure to launch on much of student loan reform is part of it. I’m sure there’s more.

    I guess some forebarance has been extended thru May of 2022. After that the system of unshakable loans resumes? My partner said he read that that college admissions were down markedly this fall. Again, probably a multi-variant issue of which racking up debt is just one part.

    And obviously student loans can be about more than trad 4 year college. Funding for trade schools should be easier and less onerous if we want to have a generation of people who will fix shit that breaks (or build stuff).

  314. 314.

    OGLiberal

    January 26, 2022 at 5:42 pm

    Tomi Lahren (why do I even have to know who this person is?) on FoxNews:

    “Now again I’m sure it would be, as Guy said, a Black woman. We saw how well that worked out with Kamala Harris, but here’s to hoping he has a better choice in mind for this position.”

  315. 315.

    Baud

    January 26, 2022 at 5:44 pm

    @Served:

    The administration really needs to work on flipping this script and convincing young voters that they are producing for them.

    I’m sure he’ll try, but there are no guarantees since a lot of what needs to be done needs to be done by Congress.

  316. 316.

    daize

    January 26, 2022 at 5:45 pm

    @WaterGirl: Not sure if others have posted this (just started reading comments) but the SPCA website indicates that many of their adoptable animals are in foster homes.

  317. 317.

    Baud

    January 26, 2022 at 5:45 pm

    @OGLiberal:

    It worked out great AFAIC.  Looking forward to Harris casting the tie-breaking vote on the new Supreme Court justice.

  318. 318.

    RaflW

    January 26, 2022 at 5:45 pm

    @jimmiraybob: The new Ouijaboardism.
    FTFY.

  319. 319.

    SiubhanDuinne

    January 26, 2022 at 5:46 pm

    I got lost in a rabbit hole of past and present SC Justices, and was utterly astonished to see that Sandra Day O’Connor is still alive. No snark. If anyone had asked me, I would have sworn up and down that she passed four or five years ago.

  320. 320.

    Suzanne

    January 26, 2022 at 5:48 pm

    @RaflW: Student loans are definitely about more than four-year college. For example, we are facing a shortage of primary care physicians in large part because PCPs usually don’t make enough to pay back med school loans. So everyone wants to specialize.

  321. 321.

    RaflW

    January 26, 2022 at 5:49 pm

    @PJ: Civics education has been in decline in US schools for a generation or more. It’s a problem! Really.

  322. 322.

    Matt McIrvin

    January 26, 2022 at 5:51 pm

    @geg6: True to form, they opened with Loomis getting pissed off that commenters were talking about it.

  323. 323.

    RaflW

    January 26, 2022 at 5:52 pm

    @OGLiberal: I am nearly continuously astounded* that Tammi Lozenge hasn’t shot her own foot off, she’s such an utter moron and gun stroker.

    * I haven’t thought of her in months. But when I do, I’m knocked back for an ignasecond by her complete dumbassery.

  324. 324.

    Baud

    January 26, 2022 at 5:53 pm

    @Matt McIrvin: Why?

  325. 325.

    Served

    January 26, 2022 at 5:53 pm

    @Baud: Everyone knows that, but right now the White House isn’t getting its message around existing wins through to people.

    Trump’s psychotic executive order via Twitter was dangerous and ineffective as governance, but the general populace had the impression he was doing something.

    This White House has taken a lot of things rightfully back to the norm, but I think they are trying to run a 2000s messaging playbook in a vastly different communications environment post-Trump.

  326. 326.

    Belafon

    January 26, 2022 at 5:53 pm

    Because of the power sharing agreement in the Senate, if the nominee gets out of the committee on a tie, they would require 60 votes to be nominated.

     

    https://twitter.com/Philip_Elliott/status/1486414129422381056

  327. 327.

    NotMax

    January 26, 2022 at 5:53 pm

    @SiubhanDuinne

    I got lost in a rabbit hole of past and present SC Justices

    And now have a sudden craving for a frankfurter?

    ;)

  328. 328.

    Baud

    January 26, 2022 at 5:54 pm

    @Belafon: Oh interesting.

    ETA: The replies seem to dispute that.

  329. 329.

    Baud

    January 26, 2022 at 5:55 pm

    @Served: Biden isn’t going to act like Trump.

  330. 330.

    Served

    January 26, 2022 at 5:56 pm

    @Baud: I didn’t say “act like Trump,” I said “learn from Trump changed and use it to your advantage.”

  331. 331.

    Baud

    January 26, 2022 at 5:57 pm

    @Served: What Trump changed was being a clown for attention.

  332. 332.

    Suzanne

    January 26, 2022 at 5:57 pm

    @schrodingers_cat: One third of Americans 18-30 have student loan debt. That isn’t “minuscule” by any definition of the word.

    You may think that “vote for me and get free stuff” is not an ideology, but, you know, public education has literally been part of the Party platform for decades.

  333. 333.

    Another Scott

    January 26, 2022 at 5:59 pm

    @Kay: That’s a garbage poll.

    P3

    Now, thinking about your vote, what would you say is the top set of issues on your mind when you cast your vote for federal offices such as U.S. Senate or Congress?

    Economic Issues – like taxes, wages, jobs, unemployment, and spending 801 40%

    Security Issues – like terrorism, foreign policy, and border security 290 14%

    Health Care Issues – like the 2010 health care law, Medicaid, other challenges 267 13%

    Seniors Issues – like Medicare and Social Security 208 10%

    Women’s Issues – like birth control, abortion, and equal pay
    122 6%

    Education Issues – like school standards, class sizes, school choice, and student loans 78 4%

    Energy Issues – like carbon emissions, cost of electricity/gasoline, or renewables 116 6%

    Other: 123 6%

    I don’t see “Pandemic” anywhere in that list. (They do ask about it later, but the framing is already set.)

    Lumping “taxes, wages, jobs, unemployment, and spending” together is meaningless if one wants to know what people think should be done – people on both sides are put in the same bucket.

    And why didn’t they ask about the 2020 House and Senate elections in their demographic breakdown?

    But one wouldn’t expect any less from Politico.

    Grr…,
    Scott.

  334. 334.

    Omnes Omnibus

    January 26, 2022 at 6:00 pm

    @Belafon: This is not the case.  Elliot’s tweet has been debunked many times.  Read the comments to the tweet.

  335. 335.

    Served

    January 26, 2022 at 6:02 pm

    @Baud: He completely flipped the table on political communications as they existed. I’m not saying Biden should announce war with Russia via Twitter, but understanding how to get breakthrough messaging would help his administration, and they aren’t cutting it right now.

  336. 336.

    cain

    January 26, 2022 at 6:03 pm

    @Brachiator: The Republicans have no shame and might try to give themselves cover by saying that any nominee is too librul. No matter.

    Well, that’s pretty much what they do regardless of the position. Reasonable positions are now extreme liberal positions.

  337. 337.

    Baud

    January 26, 2022 at 6:05 pm

    @Served:

    One can do one’s best and still fail.  I dislike how we always assume a failure of messaging is the cause of all problems.

  338. 338.

    Matt McIrvin

    January 26, 2022 at 6:05 pm

    @Baud: Because getting pissed off at commenters is what Loomis does. (Really, because they were getting off topic for the other posts they were commenting on and he didn’t think it was a topic worth any sort of extended discussion anyway.)

  339. 339.

    Roger Moore

    January 26, 2022 at 6:05 pm

    @lowtechcyclist:

    *Because there are so damned many of them for the Senate to consider. Literally thousands, IIRC. That number needs to be cut way back, of course.

    I disagree.  If we keep them, they should have a vetting period no longer than the cabinet members they serve under.  The basic idea, to me at least, is that the president should be allowed to appoint who he wants to executive positions, subject to the Senate being able to say no if they find something really objectionable about the nominee.  The grace period should depend on the importance of the office, with longer times for more important offices.  The deputy undersecretary should have a shorter time for the Senate to vet them than the secretary because the consequences of letting the wrong person slip through is smaller.

  340. 340.

    planetjanet

    January 26, 2022 at 6:09 pm

    @Served: ​
     There are quite a number of posts in my social media on a daily basis, from the White House directly and from surrogates, about “their message”. This includes daily reminders to get vaccinated, touting infrastructure and pushing for voting rights. I expect that “messages” circulate more through social media than the mainstream media. It is true that the mainstream media are not out there with cheerleading. But both CNN and Washington Post have consistently provided a lot of content on the success of vaccination programs and now on how the current impact is centered on the unvaccinated.

  341. 341.

    Baud

    January 26, 2022 at 6:09 pm

    @Matt McIrvin: I don’t lurk over there as much as I used to.  Barely at all these days.

  342. 342.

    RaflW

    January 26, 2022 at 6:10 pm

    So, uhhhh, this? A problem? McConnell will milk this for everything he’s got.

    @mkraju
    Democrats can get the SCOTUS nominee confirmed on straight party lines. But one area that will require GOP cooperation: Providing a quorum to hold a vote on the evenly divided Senate Judiciary Committee. A majority of committee (divided 11 Rs, 11 Ds) need to be present for vote

  343. 343.

    Kay

    January 26, 2022 at 6:10 pm

    @RaflW:

    The reason I’m sympathetic to younger people on college costs is because they really do shoulder more of them than prior generations did. Part of that is more of them go to college, but unless the objective is to have fewer of them go to college, I don’t think that’s a defense.

    They think it’s unfair because it is unfair. If prior generations of college-goers were subsidized to a greater extent then at least some explanation for why they should accept that should be given. I don’t really buy the argument that because fewer lower income people go to college that’s somehow a reason for why young people should pay much, much more. The goal is not “fewer middle class students go to college” which then “evens it up” with lower income people.

    In 1950, only 60% of people graduated high school. No one said “we shouldn’t invest and get that number up because high school is for the middle class, obviously, and the 40% who don’t graduate don’t care about it”.

  344. 344.

    Baud

    January 26, 2022 at 6:15 pm

    @RaflW:

    Why hasn’t the GOP used that tool to block every judicial nominee then?

  345. 345.

    schrodingers_cat

    January 26, 2022 at 6:16 pm

    @Baud: The expectations about what Biden could achieve in a year with a 50+1 Senate have been unrealistic. The Pundits and Rose Twitter have memory holed the fact that Biden administration didn’t even get the usual transition period.

  346. 346.

    Jinchi

    January 26, 2022 at 6:26 pm

    @Jim, Foolish Literalist: ​ all the outrage about Breyer’s Machiavellian plot to name his own successor is based on a comment on a blog? do I have that right ?

    Note quite:

    • To be clear, I said I hoped that wasn’t true.
    • Brett Kavanaugh clerked for Anthony Kennedy who he replaced on the court
    • John Roberts clerked for William Rehnquist, who he replaced on the court
    • Gorsuch also clerked for Anthony Kennedy
    • Amy Coney Barrett clerked for Scalia, although he’d been safely dead long enough that he couldn’t have pulled many strings for her.​​
  347. 347.

    Kay

    January 26, 2022 at 6:26 pm

    @RaflW:

    Funding for trade schools should be easier and less onerous if we want to have a generation of people who will fix shit that breaks (or build stuff).

    It should be but that’s a different problem than college costs. I would just be really careful about steering some group of people to trade school to avoid the college costs discussion. People who want to go to trade school can choose that. The minute anyone starts talking about “not enough welders!” I see tracking and presenting college as a luxury item, which was never the goal in this country. Welders are great- one of my sons is an electrician, he went thru an apprenticeship and he’s suited to the work, but nobody told him “you’re in the trades class, buddy- no college for you!”
    Trade schools and apprenticeships don’t solve the college costs problem.

  348. 348.

    Caphilldcne

    January 26, 2022 at 6:28 pm

    @JML: She was my law school professor for my small class at University of Maryland. I honestly thought she was incredibly smart, knowledgeable and very willing to assist students. Of course that was nearly 30 years ago. I’ve followed her career and very occasionally been in touch. I’m not sure what sources think her weaknesses would be but I’d be shocked to hear that she somehow wasn’t a good fit for the job.

  349. 349.

    burnspbesq

    January 26, 2022 at 6:36 pm

    @Jim, Foolish Literalist:

    all the outrage about Breyer’s Machiavellian plot to name his own successor is based on a comment on a blog? do I have that right  ?

    Not just any blog, the Lemieux/Loomis Shitshow.

  350. 350.

    Kay

    January 26, 2022 at 6:37 pm

    @RaflW:

    It;s funny, because one of the benefits IBEW electricians get is…free college tuition. It’s limited to community college but even skilled trades don’t see it as either/or.

    They can go to trade school and to college! I tease my son he can be a lifelong learner :)

    I don’t want to approach it like a how we approach everything in this country, like there’s not enough to go around and everyone has to stand over their pile and fight the takers. It doesn’t work with healthcare and it doesn’t work with education.

  351. 351.

    Suzanne

    January 26, 2022 at 6:39 pm

    @Kay:

    They think it’s unfair because it is unfair. If prior generations of college-goers were subsidized to a greater extent then at least some explanation for why they should accept that should be given. 

    You mean how Boomer-age people who attended public universities had taxpayers fund approx. 75% of the degree, and now in some states, it’s around 10%? It’s absolutely indefensible.

    And, not to mention, most jobs are getting more complicated and require more education than they did a generation ago. Even trades jobs require more training than they used to.

    Quite frankly, expecting government to work on your behalf is not an attitude of entitlement. It’s literally the point of government. Not sure why Teh Youngz get branded as selfish. They should indeed throw their weight around.

  352. 352.

    Jinchi

    January 26, 2022 at 6:39 pm

    @schrodingers_cat: ​ The expectations about what Biden could achieve in a year with a 50+1 Senate have been unrealistic.

    They weren’t unrealistic. They were determined by exactly two personalities, both of whom at least pretended to support the voting rights bill and to be considering passing some version of BBB.

    Manchin repeatedly put forward straw man ideas for filibuster reform and literally put dollar figures on what he would support in a BBB bill. Few would have faulted Biden for getting only $1.8 trillion for BBB which could have been passed under simple majority rules. And forcing a talking filibuster to push for the John Lewis Act was actually considered strategic for the Democrats, politically.

    Instead the pair repeatedly shot down their own proposals after dragging out negotiations while assuring their colleagues they were bargaining in good faith. They not only set up Biden for failure, they explicitly made it look like failure.​​​​​

  353. 353.

    Suzanne

    January 26, 2022 at 6:40 pm

    @Kay:

    The minute anyone starts talking about “not enough welders!” I see tracking and presenting college as a luxury item, which was never the goal in this country. 

    It’s also sexist, like it’s a National Crisis when there aren’t jobs for white men.

  354. 354.

    Jinchi

    January 26, 2022 at 6:53 pm

    @RaflW: ​
     

    A majority of committee (divided 11 Rs, 11 Ds) need to be present for vote

    So…… By that logic, Democrats could have scuttled Amy Coney Barrett’s nomination simply by declaring they wouldn’t sit on the committee until after the election and subsequent inauguration of the new president?

    By that standard, no Justice would ever be seated on the Court again.

  355. 355.

    Kay

    January 26, 2022 at 6:53 pm

    @Suzanne:

    There’s a subtext, and you get there really fast when they keep talking.

    Young people probably want what all voters want which is attention to their issues and needs. We’re not doing anything else but fucking around with Manchin and Sinema anyway, so the White House should express interest in their issues. I like the Secretary of Education. He’s a person without a fancy background and he’s approachable and pleasant. Send him out more. Go meet with the disgruntled youngs.

  356. 356.

    Kay

    January 26, 2022 at 6:59 pm

    @Suzanne:

    Supply will meet demand. There’s not a set sum of “education” to dole out. One of the (ridiculous) arguments that was taken seriously and actually discussed during the health care debate was “if we expand health care there won’t be enough! I will have to wait because no one can… make more health care”

    They met the demand. They made more of it.

  357. 357.

    Suzanne

    January 26, 2022 at 6:59 pm

    @Kay:

    Young people probably want what all voters want which is attention to their issues and needs. 

    Absolutely. I don’t see why it’s branded as selfishness — even by other Democrats — when young people attempt to use their influence. Look, educated young people are a critical part of our coalition. It is stupid politics to not try to serve the people who freaking voted for you.

  358. 358.

    Suzanne

    January 26, 2022 at 7:01 pm

    @Kay: They made more health care by — wait for it — educating more people in health care delivery.

  359. 359.

    SiubhanDuinne

    January 26, 2022 at 7:17 pm

    @Kay:

    Supply will meet demand. There’s not a set sum of “education” to dole out. One of the (ridiculous) arguments that was taken seriously and actually discussed during the health care debate was “if we expand health care there won’t be enough! I will have to wait because no one can… make more health care”

    It’s like saying we can’t measure things any more because we’re running out of inches.

    Stupid gits.

  360. 360.

    Hoodie

    January 26, 2022 at 7:27 pm

    @Kay: Someone on LGM suggested moving Harris to the SC and then nominating Sinema to be VP.  Apparently, her replacement in the Senate would have to be a Dem, with a special election in 2022.

  361. 361.

    NotMax

    January 26, 2022 at 7:34 pm

    @SiubhanDuinne

    There really, truly were being arguments made against wind farm generation towers because they’d “use up all the wind.”

    The depth of human ignorance requires a powerful telescope when looking up to make out the bottom of the Mariana Trench.

  362. 362.

    RaflW

    January 26, 2022 at 7:51 pm

    @Baud: Yes. There’s a bit of green lanternism about ‘messaging’. Of course communication matters. But it isn’t he sine qua non (even as I admit that I sometimes complain about messaging — because it does matter, just not paramount. Or magic.)

  363. 363.

    Ryan

    January 26, 2022 at 8:01 pm

    @Litlebritdifrnt: Feinstein, in the living room, with the candlestick.

  364. 364.

    RaflW

    January 26, 2022 at 8:07 pm

    @Jinchi: I’m not saying it’ll happen. But McConnell has abused just about every pinch point that has been available previously. I don’t think he cares at this point what he breaks in the Senate. (I’d be okay with being wrong in this case.)

  365. 365.

    lowtechcyclist

    January 26, 2022 at 8:36 pm

    @schrodingers_cat: ​
     

    Student loans affect a miniscule portion of the population and loan forgiveness of the current graduates is not a fix to the problem. The entire system needs an overhaul.

    Well sure, student loans don’t affect me, but I’m sixty-eight freakin’ years old. We’re talking about young people here. What fraction of them go to college? A quarter? A third? And how many are rich enough to do it without loans? Very few, I bet.

    And sure, the entire system needs an overhaul. But are you going to get that through this Congress? And can we guarantee we’ll even hold both houses in the next? So how about if you can’t fix the root problem, you treat the symptom that’s causing a lot of difficulty for a lot of young people. Biden can in fact postpone student loan obligations indefinitely.

    So if we want young people’s votes, maybe we should want Biden to do that. This ain’t rocket surgery. Because I’d like them to feel like voting this fall, so maybe we can hold onto Congress, and then maybe fix some root problems.

    But telling them, “tough shit, we’re not going to do this for you, even though we can” is not going to win any damn votes. We can’t do anything about climate change or voting rights, thanks to 50 Republicans and two Dem assholes, and with a nakedly partisan Supreme Court, there isn’t even that much we can do about this damnable plague. So maybe we should do what we can for them.

  366. 366.

    Jak

    January 26, 2022 at 8:55 pm

    “Deliberate speed” is a poor choice of words.

  367. 367.

    lowtechcyclist

    January 26, 2022 at 9:01 pm

    @Roger Moore:

    The grace period should depend on the importance of the office, with longer times for more important offices. The deputy undersecretary should have a shorter time for the Senate to vet them than the secretary because the consequences of letting the wrong person slip through is smaller.

    I understand what you’re saying, but the flip side is that there are only a handful of Cabinet-level positions; they should be able to thoroughly vet two dozen people in sixty days, and at least get started on the rest at the same time.

  368. 368.

    lowtechcyclist

    January 26, 2022 at 9:15 pm

    @Suzanne:

    You mean how Boomer-age people who attended public universities had taxpayers fund approx. 75% of the degree, and now in some states, it’s around 10%? It’s absolutely indefensible.

    Speaking as one of those Boomers, it really IS indefensible.  This country’s way richer than it was even during the 1960s and 1970s; we can afford to subsidize college students now the way they subsidized us.  Instead, the rich have way more money than they can find places to invest it, and so it goes into NFT shit and the like.

  369. 369.

    schrodingers_cat

    January 26, 2022 at 9:42 pm

    @lowtechcyclist: Blanket student loan forgiveness is bad idea,  both electorally and policy wise. YMMV.

  370. 370.

    J R in WV

    January 27, 2022 at 1:18 pm

    @Omnes Omnibus: ​
     

    Yes, this! Imagine having to work with, or even in the same office building, as Gorsuch, Allito, Thomas, Kavanaugh, Barrett. etc…

    Yee olde and ancient sleeping gods, nope! right on outta there!

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