This excerpt is from a piece that originally ran on June 22, 2021.
Nan Aron, the president of Alliance for Justice, another influential progressive advocacy group that works on Supreme Court-related issues, on Monday predicted that Breyer will think carefully about the potential consequences of staying on the court while in his 80s when Republicans have a strong chance of recapturing the Senate in 2022.
“With McConnell threatening never to confirm a Biden Supreme Court nominee, it’s clear that by not stepping down — if the Republicans took over the Senate and then Breyer left the court, he’d be setting a legitimacy crisis for the court,” Aron said.
She said “given how close the Senate is” and Biden’s strong approval rating, “Justice Breyer would want to consider various options now.”
“He has given speeches on the legitimacy of the court. I think he’d be disappointed if he were to set up a legitimacy crisis for the court by waiting too long,” she added.