Voters Believe Justice Stephen Breyer Should Step Down, Lest His Replacement Erase His Legacy
By Rep. Mondaire Jones
This weekend, Senate Minority Leader Mitch McConnell told us what we already should have known: if Republicans retake the Senate, they will almost certainly block President Biden from filling a Supreme Court vacancy. Under the shadow of this latest threat of obstruction, it has never been more urgent for the 82-year-old Justice Stephen Breyer to retire — before it’s too late to confirm the successor America deserves.
New polling from Data for Progress confirms that the American people agree. Nearly 6 in 10 Americans recognize that it is time for Justice Breyer to conclude his 27 years of service on the Supreme Court. That pro-retirement supermajority includes over two-thirds of Democrats and half of Independents. The American people are rightly wary of gambling with the future of the Court and the country. When Justice Scalia passed away in 2016, Senate Republicans like Mitch McConnell refused to grant a hearing to President Obama’s nominee, Merrick Garland, holding the seat open for an unprecedented 14 months. Other Senators, like Ted Cruz, went even further, pledging to hold the vacant seat open even if Hillary Clinton won the presidential election.
And Justice Ruth Bader Ginsburg, who did not retire when Democrats could confirm her replacement, was replaced by a far-right justice poised to unravel her legacy. Justice Breyer is risking the same outcome.
People of good conscience are urging Justice Breyer to step down now precisely because of how much we respect his legacy. In his 27 years on the Supreme Court, he has demonstrated his commitment to racial equity, reproductive justice, and democracy. We should be concerned by the prospect of Justice Breyer being replaced by someone who does not share his values. The only way to prevent another Amy Coney Barrett or Brett Kavanaugh from undoing his work is for Justice Breyer to announce his retirement before the next Supreme Court term — allowing President Biden and the Democratic Senate to choose his replacement.
The latest poll from Data for Progress reveals that the American people are excited about who that successor could be. President Biden has promised to appoint a Black woman to the next open Supreme Court seat — and over 80 percent of Democrats and a majority of independents are looking forward to seeing that promise fulfilled. By retiring now, Justice Breyer can make that possible.
Of course, some pundits believe it is unseemly to call for a sitting Supreme Court justice to step down. They completely overlook recent history, as it concerns the late Justice Ginsburg, as well as the fact that our democracy is in crisis. In the last decade, the Supreme Court has gutted the Voting Rights Act, empowered large corporations, and waged a relentless attack on working people, people of color, and immigrants. We believe it would be unseemly to remain silent at this moment.
As the American people recognize, the stakes are too high for inaction. It is time for Justice Breyer to announce his retirement this summer. Democrats could lose our razor-thin majority in the Senate at any moment. It would be irresponsible to leave the future of our democracy up to chance.
Congressman Mondaire Jones (@MondaireJones) represents New York’s 17th Congressional District in the House of Representatives, where he serves on the Judiciary, Ethics, and Education & Labor Committees.