Supreme Court battle could wreak havoc with Biden's 2020 agenda

Liberal activists fearful of Democrats losing control of the Senate are pushing for stalwart liberal Justice Stephen Breyer to retire this year, but Democratic senators don’t share their enthusiasm, knowing a fall confirmation battle could quickly become a partisan circus.

Senators say it’s entirely up to Breyer, who is 82 years old, to make a decision on when to step down from the high court. They aren’t spoiling for another bruising Senate confirmation fight, which could put President Biden’s legislative agenda on hold and further fuel partisan tensions in the chamber.

“I am not going to pressure the justice in any way. He can make up his own mind,” said Senate Judiciary Committee Chairman Dick Durbin (D-Ill.).

Durbin, however, said the Senate would prioritize a Supreme Court confirmation process if Breyer or any other justice vacated his or her seat.

“We can handle the issues as they arise and that’s one of the most important, so it will be a priority,” Durbin added.

Sen. Elizabeth Warren (D-Mass.), a leading progressive, didn’t want to touch the subject of Breyer’s possible retirement.

“Oh, I have no comment on that. None,” she said.

Sen. Patrick Leahy (D-Vt.), a senior member of the Judiciary Committee, argues that Democrats could ram Biden’s nominee through the Senate as quickly as Republicans moved Justice Amy Coney Barret in October, when she was confirmed a mere 30 days after her nomination.