The editors of the Wall Street Journal lament the retirement of Justice Breyer:
Appointed by Bill Clinton in 1994, the 83-year-old Justice Breyer is the second-longest serving member of the Court after Justice Clarence Thomas. Like many liberals of his generation, he is an institutionalist who believes in the promise of the Constitution and incremental social improvement.
That has been reflected in his jurisprudence, where he has been the most pragmatic of the Court’s liberal bloc, which is now down to three Justices. He is the least hostile to business, bringing a law-and-economics view of antitrust in opinions on the First Circuit Court of Appeals and later to the High Court. While a staunch opponent of the death penalty, the Justice is also known to be sympathetic to law enforcement on due-process issues—sometimes to the “right†of originalist Justices Antonin Scalia and Neil Gorsuch on searches and Justice Breyer’s openness to opposing views will be felt in deliberations, not least by Chief Justice John Roberts. Yet on the cases that most divide the Court and the country—those touching on race, sex, religious liberty and executive power—Justice Breyer has been a reliable vote for the politically progressive interpretation of the Constitution.
concluding:
The President would be wise to pick a liberal in the mold of Justices Breyer or Elena Kagan, rather than Sonia Sotomayor, who seems more interested in fiery dissents than persuading colleagues and shaping the law. As the President’s first year has shown, chasing the sugar-high of activist praise can lead to a political slump.
with which I am in material agreement. fulfilling his campaign pledge, meeting the standard the editors suggest above, and pacifying activists all at the same time will be a chore. Further, the pool of experienced, qualified jurists who meet the necessary demographic requirements and are young enough to serve for an extended period is not large. One of those frequently mentioned is Ketanji Brown Jackson who apparently clerked for Justice Breyer. We might ask his opinion.






