So there are a lot of relieved smiles among Democrats over Supreme Court Justice Breyer’s retirement announcement, as it allows President Biden(‘s handlers) to pick a replacement. That is, of course, the President’s proper role, as it is the role of the Senate to advise and consent, which they probably will.
And, honestly, in this case, unless the nominee (which, for utterly idiotic reasons, has already been narrowed down to someone with dark skin and a vagina, over and above any consideration of judicial qualifications) is a complete no-hoper, the Senate should go ahead and confirm. Why? Well, a couple of reasons.
First, President Biden(‘s handlers) pick isn’t going to change the makeup of the Court any. Breyer was a reliable liberal vote. Whoever replaces him will be as well. Presidents pick judicial nominees that represent their side of the political spectrum, that’s how it’s always been, no matter how much they work their blowholes about judicial independence. This case is no different. The nominee will be someone in the mold of Sotomayor and Kagan, although hopefully a little better informed than the former. President Trump got three picks, and tipped the balance of the Court for a generation. For now the GOP should be content with that.
Second, Senate Republicans need to pick their battles. Unless someone (Manchin) crosses the aisle and gives them a majority, which at the moment doesn’t look likely, they can’t easily stop any nominee from being seated. And, with this being an election year, there are other fights they could be fighting.
Of course, there’s always the chance that President Biden(‘s handlers) nominate a complete whack-a-doodle. Then, well, all bets are off.