IN an announcement that surprised almost no one, US Supreme Court Justice Stephen Breyer said he will retire at the end of this court term, giving President Joe Biden his first opportunity for a high court appointment. Breyer at age 83 had hinted at this over the past year. No matter whom Biden appoints, it will not dramatically shake the nine person Court's ideological balance which at the moment is dominated by seven conservatives, six of whom are white males. Former president Donald Trump had jammed in Amy Coney Barrett at the end of his term to replace Ruth Bader Ginsburg, who had declined to retire while Barack Obama was president, believing a Democrat would beat Trump.
Biden on the campaign trail said he would name an African-American woman to the Court. Court appointments are exempt from the filibuster requirement for 60 votes, meaning that the Democrats, with Vice President Kamala Harris breaking the 50/50 tie can prevail. This assumes no Democratic senator goes rogue. Given the current behaviour, it is doubtful that any Republican will vote for a Biden nominee of any political persuasion.
Esta historia es de la edición February 7, 2022 de India Legal.
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