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    Default I now have a new-found respect for Justice Breyer

    I now have a new-found respect for Justice Breyer, if he holds true to the views and admonishment he has engaged in, regarding the Dem Party
    and its lean towards unconstitutional activities. If he stands by his word and refuses to retire --just to give Biden a shot to replace him with a political leftist liberal hack. Much like the kind that the scum- the POS obama put in place.-Tyr



    *****************

    Justice Breyer’s new warning for Democrats couldn’t have come at a worse time
    Ian Millhiser - Yesterday 8:00 AM


    Justice Stephen Breyer — a Bill Clinton appointee who has served on the Supreme Court since 1994 — has chosen this moment to admonish liberals for failing to respect the rule of law.

    He’s done so despite the fact that less than five months ago, a violent mob of former President Donald Trump’s supporters invaded the US Capitol in a vain attempt to keep Trump, who had just lost his bid for reelection, in office without an electoral mandate. In the months that followed, state-level Republicans loyal to Trump passed legislation that appears to serve no purpose other than to restrict voting. And now, Republican leaders are blocking a bipartisan investigation into the January 6 riots at the Capitol.

    And yet, in the midst of what might be the greatest threat to liberal democracy in the United States since Jim Crow, Breyer warns that liberals are endangering the rule of law because a small minority of Democrats have suggested taking aggressive action to rein in the Supreme Court.

    And Breyer is doing this at the same time that he’s urging Democrats to find common ground with a party that refuses to investigate an attack that endangered much of Congress.


    In a book to be published this fall, Breyer warns the US will pay a heavy price if it does not show deference to the judiciary — and that even though the Supreme Court is now more conservative than at any point in the last three generations, it is a mistake to think any of his colleagues are rank partisans.

    “A judge’s loyalty is to the rule of law,” Breyer writes, “not the political party that helped to secure his or her appointment.”

    He also does not hide his motivation for writing the book, titled The Authority of the Court and the Peril of Politics: “Proposals have been recently made to increase the number of Supreme Court justices,” Breyer notes. “I aim to make those whose reflexive instincts may favor significant structural (or similar institutional) changes, such as forms of court-packing, think long and hard before embodying those changes in law.”

    What Breyer’s book can tell us about his retirement plans
    With respect to the idea of putting additional justices on the Court, Breyer realistically has little to fear from Democrats.


    Though a handful of Democratic lawmakers did introduce legislation that would add four seats to the Supreme Court and give Democratic appointees a 7-6 majority, the bill landed with a thud in Congress. In April, House Speaker Nancy Pelosi said she had “no plans” to bring the bill to the floor for a vote. And, while President Joe Biden formed a commission to study Supreme Court reforms, no outspoken proponents of reform were appointed to it.

    Democrats are all too familiar with the archetype of a self-identified liberal or Democrat who seems more frightened of the hypothetical possibility of progressive overreach than they are of Republicans, who are taking very real steps to foreclose democracy. Think of Sens. Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ), whose loyalty to the filibuster is likely to kill any chance of passing a voting rights bill before the 2022 midterm elections could hand control of Congress to Republicans.

    But Breyer’s decision to join the ranks of liberal scolds could prove even more consequential than Manchin and Sinema’s allegiance to the filibuster due to one fact: Breyer is 82 years old.

    Supreme Court Justices Elena Kagan, Stephen Breyer, and Chief Justice John Roberts arrive for President Trump’s State of the Union address in 2018.
    © Tom Williams/CQ Roll Call via Getty Images
    Supreme Court Justices Elena Kagan, Stephen Breyer, and Chief Justice John Roberts arrive for President Trump’s State of the Union address in 2018.
    Because the Senate is malapportioned in ways that benefit Republicans, the Senate’s current Democratic majority may be Breyer’s last opportunity to retire under a president who will nominate a like-minded justice — and under a Senate that might actually confirm that justice.

    But his book can be read as an indictment of such timed retirements, which are an unavoidably political act — the entire purpose of Breyer’s retirement would be to ensure his seat is filled by a Democrat. And Breyer’s new book is a manifesto against the idea that courts should be perceived as political. “If the public comes to see judges as merely ‘politicians in robes,’” he writes, “its confidence in the courts, and in the rule of law itself, can only decline.”

    I do not want to minimize the concerns Breyer raises in his book. The justice is correct about many things. Courts play an important role in maintaining the rule of law, and a widespread perception that the courts are political risks triggering a public backlash that destroys the judiciary’s ability to function.

    But Breyer needs to grapple with the possibility that Democrats increasingly perceive the Court as a partisan institution because it has become a partisan institution. As he ponders retirement, he needs to consider whether a Court that already works hard to limit voting rights would be perceived as less political should Republicans gain a 7-2 majority.

    The problem Breyer describes in his book is one at the heart of liberalism. As George Mason University political science professor Jennifer Victor told me on Twitter, “Democracy comes from institutions. The problem is, more and more people have come to realize that flawed institutions in the US are preventing it from achieving democracy.”

    Democracy can die if our institutions collapse, but it ca......
    more at link given..
    Last edited by Tyr-Ziu Saxnot; 05-29-2021 at 10:07 AM.
    18 U.S. Code § 2381-Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

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  3. #2
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    Quote Originally Posted by Tyr-Ziu Saxnot View Post
    I now have a new-found respect for Justice Breyer, if he holds true to the views and admonishment he has engaged in, regarding the Dem Party
    and its lean towards unconstitutional activities. If he stands by his word and refuses to retire --just to give Biden a shot to replace him with a political leftist liberal hack. Much like the kind that the scum- the POS obama put in place.-Tyr
    I couldn't agree more. This shows a dedication to the judiciary above politics. And if he does stick to his guns, and also stay on the court so as not to be a pawn... Time will tell.
    How do you catch a unique rabbit? Unique up on him! (was my Mom's favorite joke )

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