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The Playbook Podcast

April 9, 2021: Activists to Breyer: Give us your seat

The Playbook Podcast

POLITICO

Daily News, Politics, Government, News

4.2614 Ratings

🗓️ 9 April 2021

⏱️ 10 minutes

🧾️ Download transcript

Summary

Activists are stepping up their SCOTUS calls today, saying Justice Stephen Breyer should help reinvigorate the court the way only he can — by resigning. Plus: It's Budget Day on the Hill. Here's what you need to know.

Transcript

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0:00.0

Presented by Google.

0:02.8

Hello and happy Friday. I'm Adrienne Hurst. This is your Playbook Daily briefing. We have a special

0:09.2

dispatch today from Politico's legal ace, Josh Gerstein, on what's been on every Scotus nerds

0:15.0

mind this week, calls for Breyer to retire. Justice Stephen Breyer's speech a few nights back, skewering calls by liberal

0:22.8

activists to expand the size of the Supreme Court seems to have prompted court reformers to step

0:28.5

up their calls. They're saying Breyer should help reinvigorate the court right now the way only he can,

0:34.3

by resigning. Advocates are launching a petition drive, urging Breyer to make way for a new

0:39.8

justice appointed by President Biden. This morning, they're sending a mobile billboard truck out to

0:45.4

Capitol Hill to nudge Breyer out, and they're explicitly noting Biden's promise to nominate the

0:50.4

first black woman to the high court. The new pressure on Breyer comes on the 11th anniversary

0:55.8

of Justice John Paul Stevens announcing his plans to step down from the court, which you might recall

1:01.3

gave President Obama a chance to name Justice Elena Kagan to replace the left-leaning Gerald

1:06.5

Florida appointee. By the way, Breyer, who's declined to discuss when he might actually leave the

1:11.9

court, would probably want us to note that he's a sprightly 82, while Stevens was 90 when he quit.

1:18.4

Still, advocates say that they want Breyer to follow Stevens' example and announce right now that he'll

1:23.7

leave the court at the end of this term. Brian Fallon of the Liberal Advocacy Group Demand Justice said,

1:30.3

this can't wait much longer.

1:31.9

We can't assume Democrats will have control of the Senate for the next two years.

1:36.7

Legal insiders say Breyer's former clerks are arguing it's presumptuous to tell any justice to step down,

1:42.4

and good luck swaying a justice who's publicly

1:44.8

warning against viewing the justices as partisan figures. Some court watchers have even argued

1:50.6

that the pressure tactics could backfire and encourage Breyer to say, screw it, I'm going to stick it out

...

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