Should Justice Breyer retire? Alexandria Ocasio-Corterz ‘inclined to say yes’

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Add Rep. Alexandria Ocasio-Cortez to the list of Democrats giving Supreme Court Justice Stephen G. Breyer a nudge out the door.

Pressed by CNN host Dana Bash, the New York Democrat said Sunday she would be “inclined to say yes” on whether Justice Breyer, a member of the high court’s liberal wing, should call it a career and allow President Biden to choose his successor.

“Just to be clear, you do think that Justice Stephen Breyer should retire at the end of his term?” Ms. Bash asked on CNN’s “State of the Union.”

Ms. Ocasio-Cortez replied: “It’s something I think about, but I would probably lean towards yes — but yes, you’re asking me this question, so I would give more thought to it, but I’m inclined to say yes.”

Another progressive Democrat, Rep. Mondaire Jones of New York, called in April for Justice Breyer to retire, saying “have we not learned our lesson?”

He referred to the three conservative justices appointed by former President Donald Trump in a four-year span, including Justice Amy Coney Barrett, who was confirmed following the September death of 87-year-old Justice Ruth Bader Ginsburg, a liberal stalwart.

At 82, Mr. Breyer is now the oldest justice on the court. The next Supreme Court term begins Oct. 4.

“I believe Representative Jones has a point, and we have had very difficult experiences with making the opposite mistake,” said Ms. Ocasio-Cortez.

She referred to H.R. 1, the sweeping elections overhaul that passed the House in March with no Republican votes but has since been stymied by Republicans in the 50-50 Senate.

“If we’re not going to pass H.R. 1 with the preemptive clauses that can roll some of that voter suppression attacks back, yeah, I believe that we should protect our Supreme Court, and that that should absolutely be a consideration,” Ms. Ocasio-Cortez said.

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