“They better be pretty careful about it because two can play at that game,” Breyer said Monday in an interview at New York’s 92nd Street Y for “The David Rubenstein Show: Peer-to-Peer Conversations” on Bloomberg Television.
Liberals have been pushing to expand the nine-member court after former President
Breyer’s comments came in response to a question about a commission appointed by President
“You could have Republicans appointing and Democrats appointing and vice versa,” Breyer said. The “overall tendency” of that scenario would be “weakening the confidence of the average person in the decisions of the court.”
Breyer, 83, disappointed liberal activists by not retiring at the end of the court’s 2020-21 term to let Biden nominate a successor while Democrats control the Senate. Should Republicans retake the Senate in next year’s midterm elections, Democrats would no longer be able to confirm a Supreme Court nominee without some GOP support. The chamber is currently split 50-50, with Vice President
Breyer, a 1994 appointee of President
Breyer has been giving interviews in conjunction with the release of his latest book, “The Authority of the Court and the Peril of Politics,” in which he argues that the public shouldn’t consider the court a political institution. The book is an adaptation of a speech he gave last year at a Harvard Law School event.
The interview will be broadcast on Sept. 29 at 9 p.m. Eastern time.
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