What implies Breyer's departure for the Supreme Court and what will the battle be in the Senate to replace it

Supreme CourtUnque Breyer's departure will not alter the "ideological balance" of the Supreme Court, it was highly anticipated by progressive groups that did not want the frustrating experience that for them meant the death of Ruth Bader Ginsburg.By :: Carlos Chirinos, published Jan 272 - 07:48 am est |Updated Jan 2822 - 04:04 am to stating video ...

The announcement of the withdrawal of the Judge of the Supreme Court Stephen Breyer does not alter at all the so -called ideological balance of the court, but it falls as a relief between progressive groups because it will allow the diminished liberal bench to cement a position and avoid the fiasco of what happened after theDeath of Judge Ruth Bader Ginsburg at the end of 2020.

It will be the first opportunity for President Joe Biden to appoint a magistrate for one of the life positions in the High Court.And the expectation is greater than normal, because, during the campaign, the president offered to apply for a black woman and fulfill an old aspiration of the African -American community.

There have only been two black magistrates, both men: Thurgood Marshall, nominated by Lyndon B Johnson and who served between 1967 and 1991, and his successor in the position, Clarence Thomas, proposed by George W. Bush, who served since 1991.

In theory, the approval of Breyer's successor should be a process without complications.There is no way to block the approval by simple majority of the person who is going to nominate Biden.It will be the nomination of a Democratic president for a confirmation process against a (ephemeral) Senate of its party.

However, Breyer's departure, scheduled for June, when the current sessions of the Court ends, promises to be an extension of the battle of the elections in another field and its intensity will depend on whom the nomination made by the house fallsWhite.

The words of Republican Senator Lindsey Graham, who is a member of the Judicial Committee, give an idea of the coming fight.

“If all Democrats remain united, which I hope will do so, they will have the power to replace Judge Breyer in 2022 without a republican support vote.The elections have consequences, and that is more evident when it comes to covering vacancies in the Supreme Court, ”Graham wrote on his Twitter account.

The Supreme Court "Unbalanced" left Trump

The Supreme Court tries to appear above the increasingly radicalized partisan pulse that occurs in Washington.However, after general or Congress elections, the process of selecting and confirmation of a court magistrate has become one of the toughest fights of how many are staged between conservatives and liberals.

The high court does not work in partisan lines.However, postulates to integrate it are usually aligned with the president who selects them, at least in his judicial philosophy.Regardless of their partisan affiliations, judges are liberal or conservative, but in terms of their way of interpreting the Constitution and laws.

Each sector expects to have magistrates close to their positions, especially for issues alled as the right to abortion, the carrying of weapons, the rights of the states or the limits of the power of the federal government.

The current Court, modified in Trump's time was with an imbalance of 6 conservative magistrates against 3 liberals.Breyer is one of the latter.

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In recent years the Court has become more conservative (judicially speaking) and that is reflected in decisions that have favored the disassembly of vote laws that protected minorities, the controls that regulate the campaign funds, or, or,More recently, the authorization to enter a restrictive Abortion Law of Texas while legally challenging.

But in that same period it has allowed the legalization of equal marriage, expanded rights of workers or armored the law of affordable health care, or obamacare, for frustration of the Republicans who have tried to repeal it by all possible means.

The current president of the court, John Roberts (a nominated of President George W. Bush) has been a jealous defender of the independence and depoliticization of the Court.He himself is a conservative, but he has been the faithful of the balance in several cases in which his vote favored causes considered more liberal.

With the right inclination that meant the expedited replacement of Bader Ginsburg by Amy Coney Barret, Roberts lost that equilibrium power.Breyer has also questioned that she becomes the highest court in the middle of the partisan debate, because, as she said at the beginning of last year at an event at the Harvard law school.

"If the public sees judges as politicians with robes, their confidence in the courtBreyer said on that occasion.

Despite his wishes, his permanence in office was criticized by liberal sectors.With 84 years, he is the oldest magistrate in the panel, and many feared what happened with Bader Ginsburg, a hero of the progressive causes whose legacy runs the risk of being diminished with the current conservative court.

If Ginsburg had retired under the government of Obama, it is the reasoning of these groups, that seat could have been preserved in the Supreme.But she did not do it, who knew her, because she was very confident that she would win Hillary Clinton and not Donald Trump.

The growing polarization around the Supreme Court

Despite Robert or Breyer's wishes, or the claims of other magistrates about his disconnection with partisan policy, the last four appointments of magistrates have been surrounded by a great controversy and have politicized at a rarely seen level.

It began in 2016, when the Senate, then controlled by the Republicans of Mitch McConnell, even refused to consider Barack Obama de Merrick Garland as a substitute for the late Antonin Scalia.

Then, in 2017, with President Donald Trump's first nominee, Neil Gorsuch, McConnell altered the rules of the Senate to avoid the foreseeable blockade that some Democrats promised to present in "Dersagravio" of Garland.

Since then the magistrates of the Supreme Court cannot be subject to the dilatory maneuver of the ‘Filibuster’ and can be chosen with a simple majority.

In 2018 Trump had the opportunity to make another appointment, that of Brett Kavanaugh, whose nomination was tarnished by the complaints of Chirstine Blasey Ford about an alleged attempt to rape when the judge was in college.The complaint forced additional sessions to listen to Ford and the allegations in his defense of Kavanaugh, at an audience in which he faced (and disrespected) the senators and that, according to some of them, he showed that "he lacked the mood" to exerciseas judge.

And in September 2020, before the surprise death of Bader Ginsburg, President Trump appointed to happen to Coney Barret, a judge of conservative philosophy and very controversial opinions about abortion to which he took only 27 days to be confirmed by the Senate.

Barret's confirmation occurred when the presidential elections that Trump would finally lose had already begun in various parts of the country, a contrast to the argument presented by McConnell in 2016 to block Garland that it was necessary to wait for the result of the presidential ones to giveA "voice" to the electorate in the configuration of the Supreme Court.

2022 It is also an electoral year and with the November elections the Democrats risk losing the majorities they have in the Senate (now guaranteed only by the tiebreaker vote that Vice President Kamala Harris represents, in her condition as president of the Upper House).

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