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Justice Breyer's Retirement Sets up a Major Litmus Test for Republicans
Red State ^ | 01/26/2022 | Bonchie

Posted on 01/26/2022 8:12:21 PM PST by SeekAndFind

As RedState reported earlier, Justice Stephen Breyer is reportedly retiring at the end of this Supreme Court term. With his pending retirement, Republicans are quickly splitting into two schools of thought on what to do next.

On one side, you have those who don’t believe any kind of battle is worth the trouble because Democrats will undoubtedly have the votes to confirm a replacement. On the other side, you have those who think the GOP should take a stand, make the case against whoever Biden nominates, and then go on record against them, even knowing that, in the end, they don’t have the votes.

And while I know there are those in the conservative arena I interact with who will disagree, you can put me firmly in the second camp of thinking.

Perhaps my memory is just too long, but I can’t forget how Democrats have treated the last three Supreme Court battles. Even if one wants to assume that the accusations around Kavanaugh represented a special situation that led to a highly partisan vote, that kind of behavior was hardly new. We saw the same theatrics play out during the Reagan years with the destruction of Robert Bork and later, with the attempted destruction of Clarence Thomas.

Despite that, during the Obama years, Republicans largely played nice. They handed Justice Sonia Sotomayor, who has become an absolute nightmare on the court, nine votes for confirmation. That represented nearly 25% of the GOP membership at the time. When it came to Justice Elana Kagan, Sen. Lindsey Graham actually voted to send her out of committee. She then received five Republican votes despite having no judicial experience at all.

Was that spirit of congeniality in Supreme Court confirmations carried over into the Donald Trump years? The answer is a resounding no. In fact, Democrats seemed to forget all about the past bipartisan votes, treating every open vacancy as a call to war. Justice Neil Gorsuch got three Democrat votes, including Sen. Joe Manchin and two other moderates who are no longer in office. Brett Kavanaugh, after having his life essentially destroyed, received a single Democrat vote, again coming from Manchin. Amy Coney Barrett, a very normal, mundane nominee, received zero Democrat votes in what represented a further polarization of the process.

Given all that, why should Republicans reset the deck and start handing Democrat nominees votes again? Especially when Joe Biden is almost assured to nominate a far-left ideologue? With Democrats already on the ropes, this is the time to paint a clear contrast for voters before the mid-terms. The chance to do that is with intense questioning during the hearings, but also in taking a stand with the final vote. There is no reason to help Biden and his cohorts along in this process. Let the Democrats fully own the confirmation of whoever is selected.

For Republicans, I think this sets up a rather important litmus test. Who is going to keep leaning into the delusion that we can roll the clock back to the mid-2000s vs. who understands the current political environment and what we are up against? You aren’t going to charm the left into not being insane by giving them votes on a Supreme Court nominee nor do they deserve such an olive branch. That doesn’t mean Republicans have to go scorched earth the way Democrats did with Brett Kavanaugh, but it does mean an organized, sharp opposition should take place. This should not be made a cakewalk.

Sen. Lisa Murkowski is facing a tough primary challenge heading into November’s election. She should be held accountable for how she votes. Let’s also see what Sen. Lindsey Graham does in light of his penchant for rubber-stamping Biden nominees. There are others to consider as well. Republicans may not be able to stop Breyer’s replacement, but they have a chance to make a statement. Those who choose to go along to get along after the Trump years will deserve heavy scrutiny.



TOPICS: Government; Politics; Society
KEYWORDS: justicebreyer; republicans; retirement; scotus

1 posted on 01/26/2022 8:12:21 PM PST by SeekAndFind
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To: SeekAndFind

At very least drag it out to reduce the amount of damage the Senate can do. Also, if there ARE questions on the nominee’s past, they should be explored.


2 posted on 01/26/2022 8:14:36 PM PST by Dr. Sivana ("There are only men and women."-- George Gilder, Sexual Suicide, 1973)
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To: SeekAndFind

I’m hoping whoever Biden nominates will be triple/quadruple vaxxed.


3 posted on 01/26/2022 8:15:39 PM PST by HandBasketHell
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To: SeekAndFind

They should try to dig up dirt on any biden nominee. Ask embarrassing questions. Make it tough and use the process as a bargaining chip and a means of slowing down legislation.
That’s very basic.


4 posted on 01/26/2022 8:18:22 PM PST by grumpygresh (Civil disobedience by non-compliance; jury and state nullification. )
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To: SeekAndFind

DEMOCRATS run the Senate (thanks to 500,000 Trump voters sitting out the Georgia Runoffs) - and thus the Republicans have NO SAY in who gets nominated and whether they get confirmed.

Anyone claiming otherwise is trolling us to, again, get us angry at the Republicans, who are POWERLESS, at least on this issue.


5 posted on 01/26/2022 8:22:32 PM PST by BobL (Money is the most important thing in my life.)
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To: SeekAndFind

KamelToe gets a vote?


6 posted on 01/26/2022 8:34:20 PM PST by Paladin2
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To: Dr. Sivana

Drag it out to Feb. 2023.


7 posted on 01/26/2022 8:35:21 PM PST by Paladin2
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To: HandBasketHell

All of the current justices are triple vaxxed.

Even though Barrett and Kavanaugh have both recovered from COVID.

https://www.foxnews.com/politics/each-justice-has-received-a-covid-19-booster-supreme-court-confirms.amp

I wouldn’t do it, but they did.

There are a lot of lawyers who are all in on the vaccine train. It’s very rare to find one who isn’t.


8 posted on 01/26/2022 8:56:32 PM PST by TexasGurl24
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To: BobL

That’s exactly correct.

The dumbs will bite at it though. We have so many on “our” side that the media can play like a fiddle.


9 posted on 01/26/2022 8:57:42 PM PST by TexasGurl24
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To: BobL

The only one with any say here is the Justice, himself. I wonder if he knew he was retiring...
In case he decides to refrain from retiring at the end of this term, after all, allow me to be the first to say,
Justice Breyer did not kill himself.


10 posted on 01/27/2022 2:30:50 AM PST by ArtDodger
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To: SeekAndFind

Democrats voted in lockstep against practically every Republican nominee. Republicans need to return the favor. Those who do not, need to be primaried. We don’t need any weak kneed RINOs. We need fighters who are every bit as dedicated and who will push back every bit as hard as Democrats do.

So by all means, show us which ones of you we need to weed out.


11 posted on 01/27/2022 2:49:57 AM PST by FLT-bird
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To: Dr. Sivana

Yes, they need to go back as far as, well kindergarten or maybe even pre-k.


12 posted on 01/27/2022 7:38:29 AM PST by Tommy Revolts
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