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Supreme Court Justice Stephen Breyer Dismisses Retirement Calls, Says Politics Just One Of ‘Many Factors’ – Forbes

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U.S. Supreme Court Justice Stephen Breyer downplayed Democratic calls that he should step down now to ensure President Joe Biden can appoint a liberal successor, saying Sunday that while he understands their argument it’s only one of “many, many considerations” behind his decision to retire.

Key Facts

Upon being shown an interview of late Justice Antonin Scalia saying he doesn’t want to be replaced by a justice who tries to “[undo] everything I’ve tried to do,” Breyer said on Fox News Sunday he “see[s] the point” behind not wanting a conservative president to name his successor.

The left-leaning Breyer, 83, said “probably in the background there’s something there” to that consideration, gesturing to his mind, but stressed there are “many, many considerations” behind his retirement, including the role of the court and “institutional considerations.”

Asked about calls by Democratic politicians for Breyer to retire, the justice said they are “entitled to their opinion” and “understand the political world much better than I…and there we are.”

When asked why he didn’t retire at the end of this term, as many Democrats hoped he would, Breyer said only he didn’t retire “because I decided on balance I wouldn’t retire.”

Breyer also dismissed questions regarding former Senate Majority Leader Mitch McConnell (R-Ky.) refusing to confirm Merrick Garland to the court ahead of the 2016 election but letting the Senate confirm Justice Amy Coney Barrett just before the 2020 election, likening the question to “asking for the recipe to chicken a la king from the point of view of the chicken.”

The justice chalked up McConnell’s decision to “the political environment,” and said he believes that if enough of the public want that reality to change or be modified, “it will be.”

Crucial Quote

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

Tangent

Breyer was also asked about potential reforms to the Supreme Court, which many progressives have pushed for in order to combat the high court’s conservative tilt and President Joe Biden has convened a commission to study. While Breyer pushed back against the idea of adding justices to the court, the justice signaled more openness to term limits, as some Democrats in Congress have introduced a bill to do. “I think you could do that,” Breyer said. “It should be a very long term, because you don’t want the judge who’s holding that term to start thinking about his next job. But it would make life easier for me.”

Key Background

Numerous Democrats have pushed for Breyer’s retirement from the Supreme Court in order to ensure his replacement can be confirmed while the party controls both the White House and Congress. The late Justice Ruth Bader Ginsburg declined to step down during Barack Obama’s presidency and was ultimately replaced by Trump nominee Barrett, and McConnell has suggested if the GOP retakes the Senate, he will likely be unwilling to confirm a Biden nominee to the court even if it’s a year before the 2024 election. The calls for Breyer’s retirement and sweeping reforms to the court have intensified in recent days after the Supreme Court ruled 5-4 to uphold Texas’ near-total ban on abortion, arguing in a September 1 ruling it was too soon to take action against the law despite its extreme restrictions on the procedure. “If [Breyer is] going to retire, it should be sooner rather than later,” Sen. Amy Klobuchar (D-Minn.) said last week on CNN, noting if the court’s abortion decision “doesn’t cry out for that, I don’t know what does.”

Further Reading

18 Legal Scholars Urge Justice Breyer To Retire: ‘Best For The Country’ (Forbes)

Supreme Court Refuses To Strike Down Texas Abortion Ban (Forbes)

McConnell: Biden Won’t Get Supreme Court Pick In 2024 If GOP Wins Back Senate (Forbes)

Stephen Breyer Has No Plan To Retire Yet From Supreme Court, He Says (Forbes)

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NDP and B.C. Conservatives locked in tight battle after rain-drenched election day

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VANCOUVER – Predictions of a close election were holding true in British Columbia on Saturday, with early returns showing the New Democrats and the B.C. Conservatives locked in a tight battle.

Both NDP Leader David Eby and Conservative Leader John Rustad retained their seats, while Green Leader Sonia Furstenau lost to the NDP’s Grace Lore after switching ridings to Victoria-Beacon Hill.

However, the Greens retained their place in the legislature after Rob Botterell won in Saanich North and the Islands, previously occupied by party colleague Adam Olsen, who did not seek re-election.

It was a rain-drenched election day in much of the province.

Voters braved high winds and torrential downpours brought by an atmospheric river weather system that forced closures of several polling stations due to power outages.

Residents faced a choice for the next government that would have seemed unthinkable just a few months ago, between the incumbent New Democrats led by Eby and Rustad’s B.C. Conservatives, who received less than two per cent of the vote last election

Among the winners were the NDP’s Housing Minister Ravi Kahlon in Delta North and Attorney General Niki Sharma in Vancouver-Hastings, as well as the Conservatives Bruce Banman in Abbotsford South and Brent Chapman in Surrey South.

Chapman had been heavily criticized during the campaign for an old social media post that called Palestinian children “inbred” and “time bombs.”

Results came in quickly, as promised by Elections BC, with electronic vote tabulation being used provincewide for the first time.

The election authority expected the count would be “substantially complete” by 9 p.m., one hour after the close of polls.

Six new seats have been added since the last provincial election, and to win a majority, a party must secure 47 seats in the 93-seat legislature.

There had already been a big turnout before election day on Saturday, with more than a million advance votes cast, representing more than 28 per cent of valid voters and smashing the previous record for early polling.

The wild weather on election day was appropriate for such a tumultuous campaign.

Once considered a fringe player in provincial politics, the B.C. Conservatives stand on the brink of forming government or becoming the official Opposition.

Rustad’s unlikely rise came after he was thrown out of the Opposition, then known as the BC Liberals, joined the Conservatives as leader, and steered them to a level of popularity that led to the collapse of his old party, now called BC United — all in just two years.

Rustad shared a photo on social media Saturday showing himself smiling and walking with his wife at a voting station, with a message saying, “This is the first time Kim and I have voted for the Conservative Party of BC!”

Eby, who voted earlier in the week, posted a message on social media Saturday telling voters to “grab an umbrella and stay safe.”

Two voting sites in Cariboo-Chilcotin in the B.C. Interior and one in Maple Ridge in the Lower Mainland were closed due to power cuts, Elections BC said, while several sites in Kamloops, Langley and Port Moody, as well as on Hornby, Denman and Mayne islands, were temporarily shut but reopened by mid-afternoon.

Some former BC United MLAs running as Independents were defeated, with Karin Kirkpatrick, Dan Davies, Coralee Oakes and Tom Shypitka all losing to Conservatives.

Kirkpatrick had said in a statement before the results came in that her campaign had been in touch with Elections BC about the risk of weather-related disruptions, and was told that voting tabulation machines have battery power for four hours in the event of an outage.

— With files from Brenna Owen

This report by The Canadian Press was first published Oct. 19, 2024.

The Canadian Press. All rights reserved.

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Breakingnews: B.C. Conservative Leader John Rustad elected in his riding

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VANDERHOOF, B.C. – British Columbia Conservative Leader John Rustad has been re-elected in his riding of Nechako Lakes.

Rustad was kicked out of the Opposition BC United Party for his support on social media of an outspoken climate change critic in 2022, and last year was acclaimed as the B.C. Conservative leader.

Buoyed by the BC United party suspending its campaign, and the popularity of Pierre Poilievre’s federal Conservatives, Rustad led his party into contention in the provincial election.

The Canadian Press. All rights reserved.

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Early tally neck and neck in rain-drenched British Columbia election

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VANCOUVER – Predictions of a close election were holding true in British Columbia on Saturday, with early returns showing the New Democrats and the B.C. Conservatives neck and neck.

Conservative Leader John Rustad was elected in Nechako Lakes, and 20 minutes after polls closed, his party was elected or leading in 46 ridings, with the NDP elected or leading in 45.

Among the early winners were the NDP’s Ravi Kahlon in Delta North and Niki Sharma in Vancouver-Hastings, as well as the Conservatives’ Bruce Banman in Abbotsford South.

It was a rain-drenched election day in much of the province.

Voters braved high winds and torrential downpours brought by an atmospheric river weather system that forced closures of several polling stations due to power outages.

Residents faced a choice for the next government that would have seemed unthinkable just a few months ago, between the incumbent New Democrats led by David Eby and Rustad’s B.C. Conservatives, who received less than two per cent of the vote last election

Green Leader Sonia Furstenau has acknowledged her party won’t win, but she’s hoping to retain a presence in the legislature, where the party currently has two members.

Elections BC has said results are expected quickly, with electronic vote tabulation being used provincewide for the first time.

The election authority expected most votes to be counted by about 8:30 p.m., and that the count would be “substantially complete” within another half-hour.

Six new seats have been added since the last provincial election, and to win a majority, a party must secure 47 seats in the 93-seat legislature.

There had already been a big turnout before election day on Saturday, with more than a million advance votes cast, representing more than 28 per cent of valid voters and smashing the previous record for early polling.

The wild weather on election day was appropriate for such a tumultuous campaign.

Once considered a fringe player in provincial politics, the B.C. Conservatives stand on the brink of forming government or becoming the official Opposition.

Rustad’s unlikely rise came after he was thrown out of the Opposition, then known as the BC Liberals, joined the Conservatives as leader, and steered them to a level of popularity that led to the collapse of his old party, now called BC United — all in just two years.

Rustad shared a photo on social media Saturday showing himself smiling and walking with his wife at a voting station, with a message saying, “This is the first time Kim and I have voted for the Conservative Party of BC!”

Eby, who voted earlier in the week, posted a message on social media Saturday telling voters to “grab an umbrella and stay safe.”

Two voting sites in Cariboo-Chilcotin in the B.C. Interior and one in Maple Ridge in the Lower Mainland were closed due to power cuts, Elections BC said, while several sites in Kamloops, Langley and Port Moody, as well as on Hornby, Denman and Mayne islands, were temporarily shut but reopened by mid-afternoon.

Karin Kirkpatrick, who is running for re-election as an Independent in West Vancouver-Capilano, said in a statement that her campaign had been in touch with Elections BC about the risk of weather-related disruptions, and was told that voting tabulation machines have battery power for four hours in the event of an outage.

West Vancouver was one of the hardest hit areas for flooding, and Kirkpatrick later said on social media that her campaign had been told that voters who couldn’t get to a location to cast their ballot because of the extreme weather could vote through Elections BC by phone.

— With files from Brenna Owen

This report by The Canadian Press was first published Oct. 19, 2024.

The Canadian Press. All rights reserved.

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