Better late than never came the news on Wednesday that Justice Stephen G. Breyer will retire after the Supreme Court's term ends in June, and before the midterm election that could restore Mitch McConnell and his fellow Republicans to power in the Senate. Better for President Joe Biden and Democrats, surely, but also for the court and for the nation.
It's still too early to breathe more easily, however. While confirmation of a Biden nominee is likely — even Sen. Lindsey Graham (R-Trump) says so — we've learned not to underestimate Machiavelli, er, McConnell, especially when it comes to packing the court.
If not for McConnell, Donald Trump would have filled one seat on the Supreme Court, not three. The Kentucky Republican stole the other two, which rightfully were Democratic presidents' to fill. McConnell proudly counts that court packing as his legacy; it's a legacy alright, justifiably featured in the bestseller "How Democracies Die."