Kent Greenfield is professor of law and Dean's Distinguished Scholar at Boston College of Law. He told"Justice Breyer has an excellent sense of politics," Greenfield said.
"I think he always knew he was going to resign this term, but that he was allowing Biden some room to pass his infrastructure and"But now that Build Back Better is on the ropes, Breyer has the political space to announce his resignation. I do not think he would have risked losing another SCOTUS seat to the GOP," he said.
Greenfield also pointed to the midterm elections and the potential difficulty of Biden appointing any justice to the Court if Democrats lose.without any GOP support," said Greenfield."We are now in a world where SCOTUS nominees are likely to be confirmed, or not, by straight party line votes. If the GOP retakes the Senate in the midterms, I would not expect Biden to be able to get any later nominee through the Senate.
"If he wants a Democratic president to choose his successor, then the best way to secure that is to retire now, with a Democratic president in office and Democratic control of the Senate," he said.
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