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 donβt share their enthusiasm, knowing a fall confirmation battle could quickly become a partisan circus.
Senators say itβs entirely up to Breyer, who is 82 years old, to make a decision on when to step down from the high court. They arenβt spoiling for another bruising Senate confirmation fight, which could put President Bidenβs legislative agenda on hold and further fuel partisan tensions in the chamber.
βI am not going to pressure the justice in any way. He can make up his own mind,β 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.
βWe can handle the issues as they arise and thatβs one of the most important, so it will be a priority,β Durbin added.
Sen. Elizabeth Warren (D-Mass.), a leading progressive, didnβt want to touch the subject of Breyerβs possible retirement.
βOh, I have no comment on that. None,β she said.
Sen. Patrick Leahy (D-Vt.), a senior member of the Judiciary Committee, argues that Democrats could ram Bidenβs 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.
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