GEORGIA – Following a dramatic Georgia run-off election that handed control of the United States Senate to the Democrats, liberals are pressuring one Supreme Court Justice to retire so that a younger liberal can take the mantle.
Liberals press Supreme Court Justice Breyer to retire with Democrats close to Senate control https://t.co/zBAKUu8c73 #FoxNews
— V O T E R D A T A F R A U D – ITALY DID IT (@Gingerkelley77) January 7, 2021
Calls are growing for liberal Justice Stephen Breyer to retire so that President-elect Biden can appoint a younger justice to replace him. Speculation has swirled throughout Washington that the 82-year-old Justice was may retire since the death of Justice Ruth Bader on September 18.
In May, Biden pledged to appoint a black female to the Supreme Court. There are 48 black women presently sitting as federal court judges. Of those, only eleven are younger than 55. Of those, two were Republican appointees, unlikely to align with democratic ideology.
Supreme Identity Politics: Biden Pledges To Only Consider Black Females For Supreme Court Pick https://t.co/uzc5jInAlg
— Jonathan Turley (@JonathanTurley) March 19, 2020
One strong candidate would be federal district court Judge Leslie Abrams Gardner, sister of Democratic darling and political activist Stacey Abrams. Obama-appointed Judge Gardner ruled on December 28 that two Georgia Counties must undo the purging of thousands of voters from the election rolls.
The ruling permitted over 4,000 voters to retain eligibility to vote in the Georgia run-off election. The ruling angered Republicans who claimed the judge had a conflict of interest. Republican Secretary of State Brad Raffensperger questioned her involvement in the case, claiming that her sister funded filing party Majority Forward, through a political action committee.
“That a judge would rule on case brought by a group heavily funded by her sister is very concerning,” Raffensperger said in a statement.
Gardner wrote in a footnote in her order that the court “has reviewed the motion and finds no basis for recusalhttps://t.co/QYbmWfmL2g— Trump Won in a Landslide #StopTheSteal⭐ ⭐ ⭐ (@NvrRyan) December 29, 2020
Raffensperger said:
“On Nov. 18, Stacey Abrams’s organization Fair Fight donated $2.5 million to Senate Majority PAC, for which the plaintiff Majority Forward serves as the nonprofit arm. That donation was the largest to Senate Majority PAC since the November election. According to news reports, Senate Majority PAC is ‘a Democratic super PAC aligned with Senate Minority Leader Charles E. Schumer.’
“That a judge would rule on a case brought by a group heavily funded by her sister is very concerning.”
Stacey Abrams served in the Georgia House of Representatives from 2007 to 2017 and founded Fair Fight Action to address alleged voter suppression in 2018. Her activities have been widely credited by liberals for boosting turnout among progressives in Georgia during the 2020 presidential election and the January Senate run-off.
With new votes joining the tally, we are on a strong path. But even while we wait for more, let’s celebrate the extraordinary organizers, volunteers, canvassers & tireless groups that haven’t stopped going since Nov. Across our state, we roared. A few miles to go…but well done!
— Stacey Abrams (@staceyabrams) January 6, 2021
President Donald Trump pointed to Judge Gardner when arguing voter fraud cost him a win in the Georgia presidential election in November:
“Why haven’t they done signature verification in Fulton County, Georgia? Why haven’t they deducted all of the dead people who “voted”, illegals who voted, non-Georgia residents who voted, and tens of thousands of others who voted illegally, from the final vote tally?
“Just a small portion of these votes give US (sic) a big and conclusive win in Georgia. Have they illegally destroyed ballots in Fulton County? After many weeks, we don’t yet even have a judge to hear this large scale voter fraud case. The only judge seems to be Stacey’s sister!”
….Just a small portion of these votes give US a big and conclusive win in Georgia. Have they illegally destroyed ballots in Fulton County? After many weeks, we don’t yet even have a judge to hear this large scale voter fraud case. The only judge seems to be Stacey’s sister!
— Donald J. Trump (@realDonaldTrump) January 2, 2021
Abrams ran as the Democratic Party nominee against Republican Brian Kemp for Governor of Georgia in the 2018 election. The first black female major-party gubernatorial nominee in the United States, she lost to Kemp amid allegations of voter suppression by Republicans.
In February, Abrams became the first black woman to deliver the response to the State of the Union address.
Stacey Abrams became the first African American woman to deliver a response to the State of the Union on Tuesday night https://t.co/JJMzwTCYnX
— POLITICO (@politico) February 6, 2019
Demand Justice, a liberal group supporting Supreme Court reform, has been pressuring Justice Breyer to step aside to allow President-elect Biden to replace him with a younger justice who will have a longer liberal hold on the seat.
Demand Justice director Brian Fallon told Politico:
“Justice Breyer’s service on the court has been remarkable, and history will remember him even more fondly if he ends up playing a critical role in ensuring the appointment of the first black woman to the court. Timing his retirement in the coming year would guarantee that opportunity, and it would be wise to do so because the window may prove a narrow one.”
Former state Rep. Bakri Sellers (D-SC) took the issue a little further by calling for Justice Breyer to retire on inauguration day:
“I need Justice Breyer to announce retirement at 12:01 p.m. on January 20. And I need us to nominate and elect some federal judges.”
If we get to 50, I need Justice Breyer to announce retirement at 12:01pm on January 20th. And I need us to nominate and elect some federal judges.
— Bakari Sellers (@Bakari_Sellers) January 6, 2021
President Donald Trump appointed three Supreme Court justices during his term, changing the direction of the court for years to come. The appointments of Neil Gorsuch and Brett Kavanaugh replaced Republican-appointed justices, but third appointee Justice Amy Coney Barrett replaced ideologically opposite Justice Ginsburg.
Lelissa Murray, professor at the New York University School of Law and co-host of a popular Supreme Court Podcast, explained that with a 5-4 conservative majority, a single conservative defection to a ruling could result in a liberal decision. Justice John Roberts was often that defector.
Murray explained that the 6-3 supermajority created by the Trump appointments created a new dynamic in the court:
“It’s a court with a 6-3 supermajority after years of being finely balanced 5-4 between conservatives and liberals. I think, a very different calculus going forward.
“They will be potentially on the bench, all of them, for 30 years plus, and that is a very long time.”
BREAKING: Republican-dominated Senate votes 52–48 to confirm judge Amy Coney Barrett to a lifetime appointment on the Supreme Court, giving conservatives a 6-3 supermajority on the country’s top court just days before the presidential election. pic.twitter.com/git1USsTuP
— Democracy Now! (@democracynow) October 27, 2020
Control of the Senate has opened the field of potential nominations President-elect Biden could make for positions within and beyond his administration. Darrell West, vice president and director of governance studies at the Brookings Institution, prior to the Georgia results explained:
“If Democrats win, they will have the means to get his nominees and legislation approved with or without GOP support. Since most Republicans are likely to oppose some nominations and things such as big spending packages or tax increases on the wealthy, GOP control would make it very difficult for Biden to implement the things he campaigned on.”
Although the Georgia win gives Democrats control of the agenda, President-elect Biden will still need to work with GOP members to pass major policy initiatives. Legislation requires sixty votes to clear a Senate filibuster, meaning the Democratic majority would need republican support for most bills. However, confirmation of cabinet positions and judge nominations can be won with a simple majority.
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