Justice Breyer to Retire

(WSJ photo)

Justice Stephen Breyer will retire, according to NBC News:

Justice Stephen Breyer will step down from the Supreme Court at the end of the current term, according to people familiar with his thinking...

Biden promised on the campaign trail to nominate a Black woman to the court. In the wake of Breyer’s announcement, there was an outpouring of statements calling for him to follow through.

The progressive group Demand Justice hired a truck last year to drive around Washington with the sign: "Breyer Retire. It’s time for a Black woman Supreme Court justice."

Justice Breyer, 83, has yet to make an official announcement.

The current SC term ends in late June or early July.

Although only a simple majority in the Senate is necessary to confirm a future nominee, the Democrats won't have any room for error. Digging through a nominee's personal life back to her high school days is now an acceptable practice, and any behavioral or verbal misstep will be grist for the hearings. Depending on what turns up, Senators may have difficulty justifying their vote to their constituents, especially if they're up for re-election in 2022.

In any case, replacing a Supreme Court nominee increases the likelihood of nothing important getting through Congress in 2022.