Stop Telling Justice Breyer to Retire

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The problems of a revanchist court captured by minority monied interests cannot be solved by replacing Breyer with another liberal.

His need for judicial neutrality is existential, which is why browbeating him about the fact that he is idealistic, naïve, or playing straight into Mitch McConnell’s cynical, Montgomery Burns–rubbing hands really is akin to getting the Easter Bunny or the tooth fairy in a headlock and demanding that they admit they aren’t real.

I am not discounting the harms and violence that can be wrought when institutionalists cling to idealism. Millions of soon-to-be purged, suppressed, and discounted voters may learn as soon as the next election that the material damage to democracy that can be done by white men doubling down on one-sided idealism is incalculable.

 

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Insisting that Breyer and Dems stand on institutionalist norms while the GQP relentlessly politicizes SCOTUS guarantees further GQP politicization. The idea that broader (necessary) reforms preclude the immediate need to prevent another Kavanaugh/Barret is myopic & suicidal.

quiet Mitch

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