Breyer Out Forum

[Anonymous User]

Seems to be a two way race between Kruger and Jackson to replace him. Any thoughts?

[Anonymous User]

I'm sure Clyburn will push for Childs. That might be harder now that she hasn't been confirmed to the DC Circuit yet, but Biden did roll over and give nominate her to the DC Circuit in the first place. Let's see if he has the backbone to stand up to Clyburn this time.

(To be clear, I'm sure Childs is a great judge and would've been a stellar pick to replace Floyd on the 4th Circuit. The elevation to the DC Circuit just felt like patronage/letting Clyburn have undue influence, so it doesn't quite sit right with me. Also from a strategic point of view, it's now going to take longer to fill the 4th Circuit seat and we're running out of time).

[Anonymous User]

Kruger is the better jurist and younger.

[Anonymous User]

Is there any real logic behind the younger is better game we've been playing recently? Seems to me that if there's strategic retirement, so long as a Justice has a good 8-12 years in them that should be fine. And without retirement, well RBG was on the court 27 years. What's wrong with appointing a seasoned 60 year old who will know to retire at 75+ next same party admin?

[Anonymous User]

KBJ seems like the prohibitive favorite here - she was a former Breyer clerk, and the elevation to DC Cir. was for this exact purpose. I guess it's hard to compare the two in terms of ideology, but seems like Kruger has a reputation on the CA Supreme Court as a moderate? Given Biden's failure to deliver anything substantial re: Democratic priorities this term, I'm sure the progressives will push hard for the more solidly liberal of the two.

[Anonymous User]

It’ll be KBJ. Kruger’s background doesn’t fit who they’ve been nominating and she turned down the SG job.

[Anonymous User]

Is there any real logic behind the younger is better game we've been playing recently? Seems to me that if there's strategic retirement, so long as a Justice has a good 8-12 years in them that should be fine. And without retirement, well RBG was on the court 27 years. What's wrong with appointing a seasoned 60 year old who will know to retire at 75+ next same party admin?

Yeah nobody really worried about Kavanaugh being a tad old

Most surprising: Jeffrey Toobin getting the scoop

[abelo]

Is there any real logic behind the younger is better game we've been playing recently? Seems to me that if there's strategic retirement, so long as a Justice has a good 8-12 years in them that should be fine. And without retirement, well RBG was on the court 27 years. What's wrong with appointing a seasoned 60 year old who will know to retire at 75+ next same party admin?

Yeah nobody really worried about Kavanaugh being a tad old

Most surprising: Jeffrey Toobin getting the scoop

Toobin got the scoop because his friends want him readmitted to society.

[Anonymous User]

Biden admin should just go all out and pick either Candace Jackson-Akiwumi (COA 7) or Holly Thomas (COA 9), both are in their early 40s and can serve for the next 35 years. Then you don't have to worry about medium-term political outcomes moving the court even more to the right.

[Anonymous User]

Biden better appoint a Catholic. The Supreme Court is really lacking in papist representation.

[Anonymous User]

If the goal is just keeping the prots out, isn't Leondra Kruger Jewish?

[Anonymous User]

Biden better appoint a Catholic. The Supreme Court is really lacking in papist representation.

Glad people are talking about the identity politics box-checks that really matter. I'll also note that with Breyer stepping down, there will be a critical lack of Eagle Scout representation on the Court.

[Jchance]

+1 vote on KBJ.

[Anonymous User]

Biden better appoint a Catholic. The Supreme Court is really lacking in papist representation.

Roberts, Alito, Sotomayor, Barrett is more than enough. We're down to only one Jewish Justice, now, which is more problematic.

[lavarman84]

I'm sure Clyburn will push for Childs. That might be harder now that she hasn't been confirmed to the DC Circuit yet, but Biden did roll over and give nominate her to the DC Circuit in the first place. Let's see if he has the backbone to stand up to Clyburn this time.

(To be clear, I'm sure Childs is a great judge and would've been a stellar pick to replace Floyd on the 4th Circuit. The elevation to the DC Circuit just felt like patronage/letting Clyburn have undue influence, so it doesn't quite sit right with me. Also from a strategic point of view, it's now going to take longer to fill the 4th Circuit seat and we're running out of time).

If Childs was currently on the D.C. Circuit, she might have a shot. Biden will probably throw her an interview out of respect for Clyburn, but I don't see much chance she's the nominee. As for patronage, that's pretty typical for federal judges.

Kruger is the better jurist and younger.

I was originally leaning Kruger, but after reading up on her leanings on criminal issues, I'm thinking KBJ is a better pick. She also fits with Biden's desire to nominate people who have spent time as a public defender or a civil rights lawyer.

[Anonymous User]

Biden better appoint a Catholic. The Supreme Court is really lacking in papist representation.

Roberts, Alito, Sotomayor, Barrett is more than enough. We're down to only one Jewish Justice, now, which is more problematic.

Thomas is catholic too

As is Kavanaugh I think

[Anonymous User]

Biden better appoint a Catholic. The Supreme Court is really lacking in papist representation.

Roberts, Alito, Sotomayor, Barrett is more than enough. We're down to only one Jewish Justice, now, which is more problematic.

Thomas is catholic too

As is Kavanaugh I think

Gorsuch is the only non-Catholic conservative justice

[Anonymous User]

.

[Anonymous User]

In fact he's the only protestant, and for a while before him there were none. Which is wild considering it's the majority religion. Hence this entire tongue in cheek tangent about religion.

Also of the current president, VP, speaker, senate maj leaders, only one who is prot is....Kamala Harris. Who was raised part hindu and is married to a Jewish lawyer.

[Anonymous User]

Why isn't Holly Thomas the obvious choice as someone significantly younger than KBJ

[Anonymous User]

Why isn't Holly Thomas the obvious choice as someone significantly younger than KBJ

She was confirmed like a week ago. As great as I think she is, LA Superior Court to SCOTUS in <6 months is too big a jump, unprecedented, and would lead to (baseless) attacks from Republicans on her qualifications, etc.

[Anonymous User]

Why isn't Holly Thomas the obvious choice as someone significantly younger than KBJ

She's been a federal judge for literally two days?

[Anonymous User]

Anybody else hopes this whole process moves quickly so they can get back to confirming district and COA judges? Whoever replaces Breyer doesn't matter on a SCOTUS with a 6-3 Republican majority anyways...

And also there ain't no way most of us are ever clerking on SCOTUS regardless of who the new justice is, but more district/COA judges mean more clerkship opportunities for us all.

[Anonymous User]

Anybody else hopes this whole process moves quickly so they can get back to confirming district and COA judges? Whoever replaces Breyer doesn't matter on a SCOTUS with a 6-3 Republican majority anyways...

And also there ain't no way most of us are ever clerking on SCOTUS regardless of who the new justice is, but more district/COA judges mean more clerkship opportunities for us all.

They shouldn’t have much trouble confirming the remaining nominees. It might prove difficult to fill the remaining vacancies once campaigning for Senate races picks up, but the Biden administration shows no intention of slowing down. I’d imagine this vacancy gets filled rather quickly—at least as quickly as ACB.

Edit: Accidental anon, this is a Chokenhauer

[Anonymous User]

The reporting on this unfailingly mentions that Biden "will appoint a black woman." I wish they would have kept this goal private. All it does is embarrass the shortlisters and take attention away from their credentials.