That was Justice Breyer in the N.Y. Times. The whole article is worth a read... but here are some snippets:
He recalled approvingly something Justice Antonin Scalia had told him.
“He said, ‘I don’t want somebody appointed who will just reverse everything I’ve done for the last 25 years,’” Justice Breyer said during a wide-ranging interview on Thursday. “That will inevitably be in the psychology” of his decision, he said.
“I don’t think I’m going to stay there till I die — hope not,” he said.
Justice Breyer, 83, is the oldest member of the court, the senior member of its three-member liberal wing and the subject of an energetic campaign by liberals who want him to step down to ensure that President Biden can name his successor.
The justice tried to sum up the factors that would go into his decision. “There are a lot of blurred things there, and there are many considerations,” he said. “They form a whole. I’ll make a decision.”
***
He was in a characteristically expansive mood, but he was not eager to discuss retirement. Indeed, his publisher had circulated ground rules for the interview, saying he would not respond to questions about his plans. But he seemed at pains to make one thing clear: He is a realist.
“I’ve said that there are a lot of considerations,” Justice Breyer said. “I don’t think any member of the court is living in Pluto or something.”
I do not agree with his judicial philosophy but applaud his steadfastness. Think about the logical conclusion to the movement to put him out to pasture. Why not go all in and demand that all three liberals on the court put in their papers so the president can appoint former law review/supreme clerks in their late 20's to replace them. And then the Republicans can do the same in a few years. Have the Fedalist Society interview newly minted law grads for thier bona fides and then put them on the court for the next 100 years to guarantee ideological conformity.
ReplyDeleteAbsolutely love to see the Dems in disarray. They act like the judiciary is a non-political branch. And then we'll sweep in and do what we do. Has any Dem judge in this district gone senior? Please don't and wait until we take back the Senate.
ReplyDeletedems in disarray is right still no nominee for martin's spot
ReplyDeleteHow can one argue the killing of rayshard brooks is unjustified but that of ashli babbitt is justified?
ReplyDeleteEven more difficult: how can one argue the killing of jacob blake is unjustified but that of ashli babbitt is justified?
From most justified to least:
Michael Brown (by far most justified...anyone thinking otherwise is unreasonable)
Trayvon Martin (strongly justified, although who knows if racial profiling preceded the attack)
Jacob Blake (justified although a braver, more risk tolerant cop woulda pulled a baton or taser. Cop definitely has a strong "who knows what he mighta done" defense given the knife on the floorboard, the kids in the car, the reason 911 was called initially, and the highly unstable state of blake at the time)
Rayshard Brooks (close call because brooks used violence initially and fired a taser just before shot. But officer should have known he couldnt be killed if tased, as his partner was there for backup and in all likelihood brooks only was tasing the officer so he could get away. As in most cases, cop has at least an arguable "who knows what he mighta done" defense: he already was violent, if he tased me and i was incapacitated, he could come and get my gun and kill me before my partner could help)
Ashli Babbitt (unjustified IMO. Officer never saw a weapon, nor was there a weapon. No imminent threat...babbit woulda just continued to try to struggle to get thru the broken window. Because of the broken glass and how she was struggling to get thru, no argument you have a huge wave instantly and imminently coming thru. Most eggregiously, no attempt to first try nonlethal force like a baton or pepper spray or even a punch to the face. And equally bad, if you jump all the way to lethal force, at least say "stop or ill shoot" a few times with your gun drawn. As in most cases, cop has a "who knows what she mighta done" defense. What was in the backpack? Maybe she gets thru and i have to fight her and another person comes thru the broken window.
George Floyd (by far least justified...anyone thinking otherwise is unreasonable)
*****
And if you think all of these are unjustied except babbitt, you are nuts.
Martin a huge loss for the court. By far the most progressive. Any successor will be a net loss for the 11th.
ReplyDelete