So why are those who admire Breyer the most cheering the loudest? Because President Biden, with his bare majority in the Senate, will be able to name a replacement who might prevent the further diminution of the court’s stature.
Think how bizarre that is. We take for granted in our cynical political environment that Democrats will react to news of Breyer’s retirement with relief — or even joy. But this actually highlights the degree to which the Supreme Court has lost credibility and has ceased to function as an impartial interpreter of the law.