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.
Sorry Justice Breyer, the NYTimes only misses you when you’re (about) gone. He certainly wasn’t given this sort of favorable attention during his career. If one listens closely, one can hear the sound of the old gray lady cutting a rug behind closed doors.
This is totally OT. However, I doubt it will be a topic for discussion in this blog, anyway. So, I will give it a “shout out.â€
https://www.youtube.com/watch?v=zSMEa2Ox2LE
The Freedom Convoy rolling across Canada has caught my attention, as well as my heart. Apparently it has done the same thing for thousands, if not millions, of other Canadians as well as Americans. Large swaths of people have lined the highways and overpasses as this over 40 mile long convoy passes by, enthusiastically honking at their supporters.
After all, yearning for freedom is what unifies people. Whether in Hong Kong, Europe, Australia, Canada, or here in the U.S., people reach out to those who embrace individual freedoms over the universal vaccinations, masking, shut-downs, restrictions imposed on them by overreaching governments and their complicit politicians. May the “No†resonate and grow stronger and larger – enough to break through all the bs that is literally running roughshod over all peoples of the world!