ICHEOKU says they swore never again will what happened with late Justice Ruth Ginsburg be allowed or tolerated, to lose their seat on the Supreme Court because of her stubborn refusal to retire so that a Democratic Party President Barack Obama could appoint her replacement. The result is today's Supreme Court which is heavily tilted 6 - 4 towards conservatism, as late Justice Ruth Ginsberg was eventually replaced with a conservative Justice Amy Coney Barrett. A fact which was not helped because then President Barack Obama was, by deft political maneuver, prevented from replacing late conservative Justice Antonin Scalia with a liberal justice.
Although President Joe Biden has three more years in office and some school of thought would say why the rush, especially for a Justice Stephen Breyer who is still very sound, physically and mentally, his 83 years age notwithstanding, the fear is that Republicans might take over the control of the Senate. The midterm election is just ten months away and the president is not in a good place with millions of American voters; many of whom are having buyers remorse over the choice they made in the last election. With such an abysmally low approval rating of the president, going into the midterm election, with every aspect of America people's life in turmoil, will be a big disaster for the Democratic Party as American people might use their votes in November to register their displeasure and disapproval of the situation.
The presidency and the Democratic Party fearing that they might lose their 50-50 balance of power in the Senate and that Republicans regaining control of the Senate in November might see any opening in the Supreme Court stalled again, just like it did with late Justice Antonin Scalia's vacancy. It is a risk which they do not want to take nor even contemplate, hence hedging their bet on losing seats in the Senate in the midterm, they decided to get whatever they possibly can now. The Supreme Court is very important to them as so many life changing decisions in America are being made at the apex court; so they had to secure Justice Breyer's seat and persuaded him to make way now so that Joe Biden would fill his seat with a much younger liberal Justice.
The judge, being a good team player, saw the merit in the argument in favor of his retirement now and decided to give up his seat in the interest of liberalism. Watching Justice Stephen Breyer speak during the White House event announcing his retirement, everyone can see that he could go on even for the next ten years, still doing what he does best. But political and ideological interests weighed more than whatever number of years the judge could have effectively remained on the bench and the lesser yielded way. He has been on the bench for a long time and could have remained on the bench for even another decade, but they did not want to take the chances they took with late Justice Ruth Ginsburg and had to pull him out now.
His replacement will easily pass the Senate confirmation process as the two "renegade" Democratic Party's Senators who are standing in the way of President Joe Biden's Build Back Better, will not have any reason to stand in the way of their party getting another liberal Justice on the Supreme Court. The only little fight which might be witnessed in the process, will be intra-party; as various interests within the party will struggle to have their own black woman candidate appointed to the seat. Vice President Kamala Harris might ask that President Joe Biden give her the honor of making the choice. The APC led anarchist Squad and their ultra liberal wing of the party might throw their hats in the ring, to pick the black woman candidate.
But President Joe Biden owes South Carolina Congressman Jim Clyburn bigly and is most likely to go with whichever black woman he picks for the appointment as a return favor for electing him president. As everyone knows, without Jim Clyburn's endorsement, Joe Biden's presidential quest would have ended in South Carolina, following his consecutive abysmal losses in Iowa, New Hampshire and Vermont. So, will Federal Judge Michelle Childs of United States Court of Appeals for the District of Columbia be Justice Stephen Breyer's replacement. She is a black woman, very young at 55 years old and will have many decades on the bench if confirmed; she also serves in Washington DC and she is the candidate of Jim Clyburn.
Were ICHEOKU to place a bet on the black woman candidate, the odds are strongly in favor of Judge Michelle Childs, unless Kamala Harris throws a fit and puts her leg down against her selection and in preference of some other black woman judge, may be from her State of California. But we shall see who the black woman nominee eventually becomes, although Justice Stephen Breyer did not tell us in whose laboratory the experiment of America is being conducted; and who the chemists and chemistry students really are. All the best to the retiring Justice, but he is not tired nor out of contributions to the law yet and we might see him teaching a law class in some law school somewhere in the not distant future.
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