Democrats get more nervous every day.
Now the biggest names in the party are beginning to weigh in on a matter of great importance.
And Alexandria Ocasio-Cortez hit the Supreme Court with an insane ultimatum.
“You know, it’s something that I’d think about, but I would probably lean towards yes,” Ocasio-Cortez said in an interview on CNN. “But yes, you’re asking me this question so I’ve just, I would give more thought to it, but I’m inclined to say yes.”
At 82 yearsold, Breyer is the oldest justice on the Supreme Court and Democrats are terrified of what happened last fall when Ruth Bader Ginsburg did not step down while Barack Obama was president, allowing Donald Trump to shift the Court dramatically to the right by filling Ginsburg’s seat with Amy Coney Barrett.
Democrats’ worries about Breyer’s seat only heightened when Senate Minority Leader Mitch McConnell told radio host Hugh Hewitt that if the GOP wins the Senate majority in 2022, Republicans will not confirm any Joe Biden Supreme Court nominees in 2024 and possibly even 2023.
“Well I think in the middle of a presidential election if you have a Senate of the opposite party of the president, you have to go back to the 1880s to find the last time a vacancy was filled. I think it’s highly unlikely. In fact, and no, I don’t think either party if it controlled — if it were different from the president– would confirm a Supreme Court nominee in the middle of an election. What was different in 2020, was we were of the same party as the president. And that’s why we went ahead with it,” McConnell stated.
In 2016, Mitch McConnell and Senate Republicans held Antonin Scalia’s seat open for almost the entirety of 2016.
That gamble paid off big time when Donald Trump won the election.
In the 2016 election voters that placed the Supreme Court as their number one priority broke overwhelmingly for Donald Trump.
McConnell and other Republicans believe making the 2024 election a referendum on who would appoint a potential Supreme Court justice would play in their favor.
Democrats would like to threaten to pack the Court in retaliation to force McConnell and other Republicans to back down.
But Justice Breyer’s publicly opposed court-packing schemes arguing that if the public sees the justices serving as political actors for the presidents and parties that nominate and confirm them, the Court will lose all legitimacy.
Under this theory of the case, Democrats floating packing the Supreme Court is actually encouraging Breyer to remain on the bench.
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