Justice Breyer has a new book out. I haven’t read it, but by all accounts, it blisters the left for showing a lack of faith in the Supreme Court, which he promotes as an apolitical institution in spite of all evidence to the contrary, and the rule of law. Based on those premises, one has to infer that he has no intention of retiring on Biden’s watch, as Kennedy clearly did with Trump.
Unfortunately, Mitch McConnell hasn’t read Breyer’s book, either. It is doubtful he would be impressed. McConnell has already made it clear that he will block any Biden Supreme Court nominee in 2024 if he has the chance, based on his new Merrick Garland precedent. You have to believe he will extend the precedent to 2023, as well–why wouldn’t he?
In other words, Breyer may well be leading us into a constitutional crisis over the Court to make a point which has little basis in current realities. That will become more apparent after the Court rules on abortion and guns next year.