Joe Biden may be on the verge of his first Supreme Court nomination.
It could tip the Court to the left.
And that’s because the one Supreme Court justice no one expected is looking at retirement.
Most observers believe 82-year-old liberal Supreme Court Justice Stephen Breyer will be the first justice to step down after Joe Biden took office.
Bill Clinton nominated Breyer in 1994, and Breyer’s been a reliably left-wing Supreme Court justice for the last 27 years.
Liberal activists began demanding Breyer resign after Breyer delivered a speech at Harvard where Breyer rejected calls by the Democrat Party base to pack the Supreme Court with as many as six new liberal justices.
It was expected that Breyer would step down ahead of the 2022 midterms while the Democrats controlled the Senate and were guaranteed to confirm his radical left-wing successor.
But at least one highly respected Supreme Court watcher thinks a Republican-appointed justice will actually be retiring on Joe Biden’s watch.
South Texas College of Law Houston Professor Josh Blackman wrote in the Volokh Conspiracy legal blog that this case could signal that Chief Justice John Roberts—and not Justice Breyer—would be the next member of the bench to retire.
Blackman’s prediction about Roberts came after the Supreme Court struck down California’s limitations on indoor Bible study groups noting that the state allowed businesses to operate indoors at greater capacity limits.
The ruling also established a precedent that government could not hold secular institutions to different standards than religious institutions.
“This Court’s decisions have made the following points clear. First, government regulations are not neutral and generally applicable, and therefore trigger strict scrutiny under the Free Exercise Clause, whenever they treat any comparable secular activity more favorably than religious exercise,” the majority argued.
Chief Justice John Roberts joined the three other liberal justices is dissenting.
Throughout the pandemic, Roberts sided with the three left-wing justices in rejecting challenges to lockdown orders closing churches or limiting religious gatherings.
Before Amy Coney Barrett replaced Ruth Bader Ginsburg, Roberts and the left were able to carry out their anti-religion agenda.
But Blackman believes this case is a turning point as now conservatives have five votes without Roberts.
Blackman argued that Roberts’ lack of influence on the Court could push him to the exits.
“Why did the Chief dissent? Probably because he could not force his five colleagues to wait till April 15 when the order expired. Indeed, he couldn’t even get his colleagues to wait 24 hours. Last term Roberts was in charge. Now he has no sway. At this point, I think the odds of Roberts retiring are greater than of Breyer retiring,” Blackman wrote.
Ever since Roberts rewrote the Obamacare law to claim the individual mandate was a tax and saved the law, the chief justice has been steadily moving to the left.
Roberts’ final betrayal would be retiring while Democrats controlled the White House and the Senate.
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