In the days since Justice Stephen Breyer’s plan to retire went public, some Republicans have been putting out the word that they do not plan a big fight over his replacement. But it’s a mistake for them to stand down, especially before President Joe Biden has even announced a nominee.
Their impulse is understandable. Battles over Supreme Court nominations can be bitter and ugly. And this is one Republicans will probably lose. Democrats can probably maintain enough unity to confirm a nominee. Sens. Joe Manchin and Kyrsten Sinema may have angered their party over spending bills and the filibuster, but they have voted for Biden’s judges without any fuss.
Also, peace-minded Republicans reason, the stakes are low. Breyer’s replacement won’t change the balance of the court. Some Republicans, notably Lindsey Graham, hew to the old-fashioned view that presidents deserve deference on their judicial nominees so long as they demonstrate that they are competent, even-tempered and mainstream. He voted for both of President Barack Obama’s nominees to the Supreme Court.
