Breyer Resignation Boost For Biden But Successor Must Be Chosen Carefully

Justice Stephen Breyer’s resignation from the Supreme Court is a welcome boost to President Joe Biden ahead of the midterms in November. It allows the president to nominate a young and progressive justice to maintain the 6-3 conservative-liberal split. There is also no mechanism available for Republicans to block Biden's nomination, assuming that he has the support of his Senators.

• There are, however, some political questions for Biden to consider as the optics of Joe Biden’s nomination may have implications for toss-up Senate races in November.
• Progressive Senator Rachael Warnock (D-GA) is likely to see his chances of holding onto Georgia increased by Biden’s intention to nominate a black woman.
• On the other hand, the campaign of moderate Senator Mark Kelly (D-AZ) in toss-up Arizona might be adversely affected by confirming a nominee considered too liberal by Arizona voters.
• Democrats will need to win both of these races if they are to hold onto the Senate.
• There are also the votes of Senators Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) to consider. Both have consistently voted for presidential nominations, but recent public recriminations may influence their votes. Moreover, Joe Manchin has spoken in the past of his desire for a centrist to fill the next open Supreme Court seat.