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Biden Gets to Name a New Supreme Court Justice

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Plus, Tucker Carlson assures us that he’s “not an agent of Russia.”
Justice Stephen Breyer’s retirement is big news for the Supreme Court. It’s less clear how much of an effect it will have on the midterm elections — though the court’s expected rulings on abortion and other hot-button issues could certainly shape the debate going into the midterms. But the timing spoke volumes about the current state of play between the parties. If things go smoothly for the White House — President Biden appoints an undisputably qualified nominee, and confirmation proceeds in an orderly way — “I don’t expect it to move the needle much,” said the Democratic pollster Molly Murphy of Impact Research, a lead adviser to the Democratic Congressional Campaign Committee. It would likely take an unforced error by Biden — appointing a “lightning rod” evoking reactions on the order of those that Brett Kavanaugh stirred — to make his court appointee a divisive issue in November, she said. Still, Justice Breyer’s retirement, coming during a slump for Biden and his party, could serve to remind apathetic Democratic voters of the stakes of losing the Senate majority. After all, Senate Minority Leader Mitch McConnell has said that he wouldn’t hold a confirmation vote in the last stretch of Biden’s term, if he became majority leader. And if Biden keeps his campaign promise to name the first-ever Black woman to the Supreme Court, it would give Democrats a chance to celebrate — an unfamiliar experience over the past several months. Republicans, however, see only good tidings in Justice Breyer’s exit now, when Democrats can count on being able to confirm his successor if it comes to a party-line vote. And they appear confident of having plenty to attack in whomever Biden names. “I think it reflects that Dems know they’re going to lose the Senate,” said Chris Hartline, a spokesman for the National Republican Senatorial Committee. “Forcing vulnerable Democrats to walk the plank and vote for a radical nominee will be the final nail in their electoral coffin.” Here’s what our colleagues have to say about Breyer’s retirement and the steps to replace him: at issue Russia’s threat to invade Ukraine is splitting Republicans along lines that first emerged when Donald Trump was president: G.

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