Opinion | Thank you, Justice Breyer, for not repeating Ruth Bader Ginsburg's mistake

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Opinion | Thank you, Justice Breyer, for not repeating Ruth Bader Ginsburg's mistake
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Max Burns: Justice Breyer’s swan song is a relief for the many Democrats who feel the late Justice Ruth Bader Ginsburg made a tragic mistake by refusing to retire. - NBCNewsTHINK

And it’s also good timing, because it follows recent Democratic disappointments on the child tax credit, voting rights and other priorities. A winning Supreme Court fight would be catnip for Democrats eager to post high-profile wins. Biden’s nominee will be likely to find herself headlining countless Democratic National Committee and congressional fundraising emails rallying donors to protect the court from further right-wing corrosion.

But to get there, Democrats will need to find a nominee. One problem facing Biden is that relatively few Black women serve on the federal bench, the go-to source for future Supreme Court justices, and many of them are over 60 years old. That poses a challenge if Biden wants a nominee who guarantees a long-lasting liberal presence to counter conservatives like Barrett, 49, and Brett Kavanaugh, 56.

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