Following reports of Justice Stephen Breyer’s plans to retire after this term, Sen. Josh Hawley (R-MO) said Wednesday that a vacancy on the Supreme Court will be a “moment of truth” for President Biden, asking whether Biden will “finally reject the radical elements of his party and nominate someone who loves America and believes in the Constitution” or nominate a “woke activist” instead.
Reports surfaced Wednesday indicating the 83-year-old justice’s plans to retire after this term — a move which would open the door for Biden to nominate a new justice to the Court.
“Moment of truth for Joe Biden. Will this deeply unpopular & divisive president finally reject the radical elements of his party and nominate someone who loves America and believes in the Constitution? Or will he continue to tear apart this country w/ a woke activist?” Sen. Hawley asked.
“If he chooses to nominate a left-wing activist who will bless his campaign against parents, his abuse of the FBI, his refusal to enforce our immigration laws, and his lawless vaccine mandates, expect a major battle in the Senate,” he warned:
Hawley’s statement followed the reports that Breyer, who has served on the Court for over 27 years, is planning to retire.
The White House responded to the reports, press secretary Jen Psaki stating that it is the “decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today.”
“We have no additional details or information to share from @WhiteHouse,” she added.
In contrast to Hawley, Senate Majority Leader Chuck Schumer (D-NY) said Biden’s nominee will receive a “prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed.”
Notably, Biden previously vowed to nominate a black woman to the Supreme Court, prompting speculation that Biden could appoint Vice President Kamala Harris as Breyer’s successor.