Demand Justice, an advocacy group led by a former top aide to Senate Majority Leader Charles SchumerChuck SchumerH.R. 1/S. 1: Democrats defend their majorities, not honest elections McCarthy asks FBI, CIA for briefing after two men on terror watchlist stopped at border Lake Superior State University first to offer cannabis chemistry scholarship MORE (D-N.Y.), is pressing longtime liberal stalwart Justice Stephen BreyerStephen BreyerSurprising ways code-copying meets ‘fair use’ threshold Breyer: Expanding Supreme Court could hurt public trust Supreme Court sides with Google in copyright fight against Oracle MORE to retire from the Supreme Court.
The group launched its effort Friday and wants Breyer to step down so that President BidenJoe BidenAnne Frank’s stepsister: Trump ‘obviously admired Hitler’ Biden-GOP infrastructure talks off to rocky start We must stop cutting China slack on climate MORE can appoint the first Black woman to serve on the Supreme Court while Democrats have control of the Senate.
“We are now firmly in the window when past justices have announced their retirement, so it’s officially worrisome that Justice Breyer has not said yet that he will step down. The only responsible choice for Justice Breyer is to immediately announce his retirement so President Biden can quickly nominate the first-ever Black woman Supreme Court justice,” said Brian Fallon, the executive director of Demand Justice and a former top aide to Schumer.
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Ketanji Brown Jackson, a judge on the U.S. District Court for the District of Columbia appointed by former President Obama, is considered a top candidate to make history on the high court. Biden recently nominated her to fill Merrick GarlandMerrick GarlandThe Hill’s 12:30 Report – Presented by ExxonMobil – Biden turns focus to gun violence US gun violence ‘an international embarrassment,’ says Biden Watch live: Biden delivers remarks on gun violence prevention efforts MORE‘s open seat on the D.C. Circuit Court of Appeals.
Demand Justice has hired a billboard truck to drive around the Supreme Court with the message: “Breyer, retire. It’s time for a Black woman Supreme Court justice. There’s no time to waste.”
The group also launched an online petition asking signatories: “Tell Justice Breyer: Put the country first. Don’t risk your legacy to an uncertain political future. Retire now.’”
Demand Justice noted that two other prominent liberal justices, former Justice David Souter and former Justice John Paul Stevens, announced their retirements during Obama’s first two years in office.
Souter was replaced by Justice Sonia SotomayorSonia SotomayorSupreme Court sides with Google in copyright fight against Oracle Supreme Court rules Facebook text alerts not akin to robocalls Supreme Court seems wary of NCAA limits on student-athlete compensation MORE, the first Latina to serve on the court. Stevens was replaced by Justice Elena KaganElena KaganSupreme Court sides with Google in copyright fight against Oracle Supreme Court seems wary of NCAA limits on student-athlete compensation Spielberg donates money from Israel’s prestigious Genesis Prize to nonprofits MORE.
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Progressive activists are still feeling stung by the death of Justice Ruth Bader GinsburgRuth Bader GinsburgGovernor signs Voting Rights Act of Virginia Biden announces first slate of diverse judicial nominees The women shortlisted for the Supreme Court before Sandra Day O’Connor MORE, one of the most influential liberal justices to serve on the court in recent decades. Her death in September opened the way for Senate Republicans to speedily confirm President TrumpDonald TrumpFirst GOP lawmaker calls on Gaetz to resign Katie Hill on Matt Gaetz: ‘I feel betrayed by him’ Anne Frank’s stepsister: Trump ‘obviously admired Hitler’ MORE’s nominee, conservative judge Amy Coney BarrettAmy Coney BarrettBreyer: Expanding Supreme Court could hurt public trust Supreme Court sides with Google in copyright fight against Oracle OVERNIGHT ENERGY: Supreme Court sides with Georgia over Florida in long-fought water war | FEMA unveils new flood insurance calculation it says will be more equitable | Energy Dept. pushes to reverse Trump-era rule on efficiency standards MORE, before the November presidential election.
With the Senate now split 50-50 and the 2022 midterm elections fewer than 20 months away, activists on the left are nervous about the future of Breyer’s seat.
If Democrats lose their Senate majority next year, there’s no guarantee that Senate GOP Leader Mitch McConnellAddison (Mitch) Mitchell McConnellBiden-GOP infrastructure talks off to rocky start On The Money: Pelosi wants infrastructure done by August | Powell warns US is reopening to a ‘different economy’ | McConnell vs. Big Business Trump blasts Arkansas GOP governor over veto of transgender bill MORE (R-Ky.) would hold a hearing on Biden’s nominee. McConnell famously denied Garland a hearing or a vote in 2016 after Obama nominated him.
“We cannot afford to risk Democrats losing control of the Senate before a Biden nominee can be confirmed. Justice Breyer is not entitled to the benefit of the doubt at this point. Those worried about the Court’s future should speak up to ensure he understands the need for him to time his retirement wisely,” Fallon said on Friday.
Democrats could also lose their Senate majority before the 2022 midterm if any member of their caucus from a state with a Republican governor leaves office unexpectedly. Governors typically pick someone from their own party to temporarily fill a vacant Senate seat until a special election can be held.