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"Rebreyerment."

Jan 27, 2022
Kate Shaw, a former Obama White House lawyer and law professor at Cardozo, dives into the implications of Justice Stephen Breyer's retirement. She discusses potential Supreme Court nominees, emphasizing President Biden's commitment to appoint a highly qualified black woman, like Judge Ketanji Brown Jackson. The episode also critiques political commentary and explores the confirmation challenges ahead amidst a polarized atmosphere. Shaw's insights shed light on the significance of representation and the far-reaching effects of judicial appointments.
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INSIGHT

Breyer's Retirement Impact

  • Justice Breyer's retirement allows Biden to fulfill his campaign promise of nominating the first black woman to the Supreme Court.
  • This nominee could maintain the current 6-3 ideological split and serve for decades.
INSIGHT

Nominee Background

  • Biden may nominate a judge for the Supreme Court.
  • It's rare for presidents to nominate non-judges, especially when confirmability is key.
ANECDOTE

Judge Jackson's Notable Ruling

  • Judge Jackson, a potential nominee, ruled against Don McGahn's claim of testimonial immunity.
  • Her statement, "presidents are not kings," was seen as confrontational by some Republicans.
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