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Former Senator Al Franken Says Justice Breyer Should Resign

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OPINION: This article may contain commentary which reflects the author's opinion.


Some Democrats have pressured Supreme Court Justice Stephen Breyer to retire because they do not want to see a situation like what happened when the late Justice Ruth Bader Ginsburg died.

Because Justice Ginsburg did not retire when former President Obama was in power and had a Senate that could have approved of her replacement, many Democrats believe that they were robbed of a Supreme Court position.

On Tuesday, former Minnesota Sen. Al Franken, who resigned in disgrace after accusations of sexual harassment were made against him, added to the calls for Justice Breyer to retire for that reason.

Speaking to “New Day” host John Berman on CNN he said that he was frightened of precisely what happened when Justice Ginsburg died.

“What would you tell Stephen Breyer he should do? Berman asked the former senator.

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“I’d tell him retire now or retire during this session or at the end of this session and be replaced because this is, of course, what happened when we lost Ginsburg,” he said.

“He’s gonna pull a Merrick Garland again, (Mitch) McConnell, and he said he would. That’s so shameless because the principle upon which he didn’t take up Merrick Garland was that it was an election year. Well then, our course (Supreme Court Justice Amy) Coney Barrett was seated nine days before the election, so he’s a shameless … he’s just shameless,” he said. “And so if I were Breyer, I’m not him, it’s his decision, but I definitely think he should retire.”

Of McConnell Franken went on to say “we have to be as ruthless as him,” calling for West Virginia Sen. Joe Manchin to agree to changes to the filibuster that would “make filibusters rare” so that Democrats can pass their agenda.

The calls for Breyer to retire are not new and have been pushed by some current Democrat senators, but Justice Breyer has shown that he still wants to remain on the court.

He spoke to host Chris Wallace on “Fox News Sunday” where he said he does not plan on dying as a member of the court as his colleague, the late Justice Ruth Bader Ginsburg did.

Wallace played a video of an interview he had with the late Justice Antonin Scalia where the justice said “I would not like to be replaced by someone who immediately sets about undoing everything that I’ve tried to do 25 years, 26 years. Sure I shouldn’t have to tell you that. Unless you think I’m a fool”

“Do you agree with Scalia that a justice who is unmindful of the politics of the president who replaces him is a fool?” Chris Wallace said.

“I don’t intend to die on the court,” Breyer responded. “I don’t think I’ll be there forever.”

“I see the point,” Justice Breyer said. “Probably in the background there are many considerations. Many, many considerations.”

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Wallace then asked him about Democrats who have been calling for him to retire as he played a clip of Sen. Amy Klobuchar he should retire “sooner rather than later, if [he is] concerned about the court.”

“I think they’re entitled to their opinion,” he said as he laughed.

“There are factors. There are many factors, in fact, quite a few, and the role of the court and so forth is one of them,” he said, “and the situation, the institutional considerations.”

After that Wallace asked him why he didn’t retire and Breyer responded, “I didn’t retire because I decided on balance I wouldn’t retire.”

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In an interview with the New York Times, the 83-year-old liberal justice said one of the factors he’s considering is who would Joe Biden nominate to be his successor.

Breyer said he did not want his potential replacement to undo his nearly two decades of work on the bench.

“I don’t think I’m going to stay there till I die — hope not. There are a lot of blurred things there, and there are many considerations,” Breyer said.

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