Justice Stephen Breyer must go

Protestors in front of the Supreme Court. Photo courtesy Getty Images.

The Supreme Court is politicized and Steven Breyer is taking up space.

For an institution representing American society on matters of freedom and justice, Justice Stephen Breyer continuing to sit on the Supreme Court is hurting the nation.

As outrageous as this may sound and as unlikely that Breyer will retire, consider the alternative.

What we have now:

1.We lack a woman of color on the Supreme Court;

2.We lack a progressive voice with the loss of RBG;

3.We lack a non-Judeo-Christian — and an atheist — on the Court;

(note the present Court is made up of 6 Catholics, 2 Jews and 1 Protestant);

4.We lack a non-Federalist-Society-approved lawyer on the Court;

5.We lack a non-career lawyer on the Court.

(note because justices to the Supreme Court are appointed, the writers of the Constitution did not stipulate that there be any professional qualification for an appointment)

Why suddenly the false concern that talk of the court acting “political” will undermine its viability as a branch of government? Perhaps a moment of rue? Decision remorse? Institutional coverup?

Justice Breyer: do what RBG didn’t/couldn’t do, preserve the court’s legacy even if you risk sacrificing your own.

September 19

Writer, essayist, dreamer.