Following the breaking news that Supreme Court Justice Stephen Breyer is set to retire at the end of the session, Wednesday afternoon’s CNN Newsroom seemed to credit “persistent” and “relentless” “progressive pressure” for his decision. The network also couldn’t decide if a nomination process would be a boon or a bust for the Democratic Party’s already abysmal chances in the 2022 midterms.
At the top of the 1:00 p.m. Eastern hour, Justice correspondent Jessica Schneider noted that Breyer “in those speeches, in his book...expressed concern that the public views the court as political and he talks about how that perception could really erode faith in the court.”
But after noting Breyer’s own political history before the bench, Schneider appeared to credit a billboard truck for helping the progressives push the Justice out:
He understands this relentless, over the past year, progressive pressure on him to step down. In fact, the progressive group Demand Justice, just last spring, they paraded a mobile billboard pass the Supreme Court with the simple words “Breyer retire” trying to get their message out there.
“So, there has been persistent pressure for Breyer to leave well before the midterms when, at this point, Democrats would presumably still be in firm control of this nomination and hearing process for the next justice,” she added.
Almost 10 minutes later, host Ana Cabrera looked to chief political analyst Gloria Borger to answer the question of whether or not a nomination process would be a boon to Democratic election efforts as a vacancy was for Republicans in 2016 in electing President Trump.
She recalled speaking to Trump voters who told her, “‘I don't really like President Trump’ then-candidate Trump ‘but I’m going to vote for him anyway because I know he’s going to have a Supreme Court nominee and that's important to me.’”
Borger showed why they trust her as the “chief political analyst” when she initially agreed it would be just as helpful, before warning it was going to blow up in their faces if Democrats waited too long.
“Sure. Absolutely…I think that would motivate the Democratic base,” she said. “I think this is an opportunity for Democrats, particularly the President, to talk about these issues and to talk about the importance of the Supreme Court.”
But she pivoted on a dime to warning, “waiting until later in the year could be a disaster politically,” even citing an unnamed source who expressed such a view.
So then, the real question is, how could it be a boon to the midterms if it wasn’t going to get people to the polls?
To make things even more confusing, Borger then tried to apply presidential election strategy to the midterms. “Mitch McConnell has already said nothing happens as you get into the presidential election,” she said.
Borger then seemed to argue that the real value was in nomination talk being a distraction for President Biden. “So this is the moment, honestly, to change the subject and this is the moment for the Democrats to say this is what we stand for even if Biden was unsuccessful in getting what he wanted, for example, on voting rights,” she explained.
Those touting of progressives and mixed messaging was made possible because of lucrative sponsorships from HughesNet. Their contact information is linked.
The transcript is below, click "expand" to read:
CNN Newsroom
January 26, 2022
1:01:26 p.m. Eastern(…)
JESSICA SCHNEIDER: He has spoken extensively, particularly over the past year, he even wrote a book that was released in September. And in those speeches, in his book, he expressed concern that the public views the court as political and he talks about how that perception could really erode faith in the court.
But, you know, Justice Breyer does come from a political background himself. He was the chief counsel of the Senate Judiciary Committee in the 1970s. He understands this relentless, over the past year, progressive pressure on him to step down. In fact, the progressive group Demand Justice, just last spring, they paraded a mobile billboard pass the Supreme Court with the simple words “Breyer retire” trying to get their message out there.
So, there has been persistent pressure for Breyer to leave well before the midterms when, at this point, Democrats would presumably still be in firm control of this nomination and hearing process for the next justice.
(…)
1:09:45 p.m. Eastern
ANA CABRERA: Gloria, the Supreme Court has been a big motivator for Republican voters for decades. I remember talking to voters out in the field before the 2016 election and I would hear from people saying, “I don't really like President Trump” then-candidate Trump “but I’m going to vote for him anyway because I know he’s going to have a Supreme Court nominee and that's important to me.”
Do you think that could be a similar motivator for Democrats?
GLORIA BORGER: Sure. Absolutely. I mean, you look at what's occurred. I mean, look at what’s occurred with voting rights, for example. I think that would motivate the Democratic base. We’ve been talking about Roe v. Wade, affirmative action being up on the docket in the next term.
I think this is an opportunity for Democrats, particularly the President, to talk about these issues and to talk about the importance of the Supreme Court. And I was just talking to somebody who’s been involved in confirmations previously and he said to me, “Look, if I were running this right now, I would want these hearings tomorrow. I would want these hearings very soon.”
Because they all know that waiting until later in the year could be a disaster politically. This is the window for them. Mitch McConnell has already said nothing happens as you get into the presidential election. So this is the moment, honestly, to change the subject and this is the moment for the Democrats to say this is what we stand for even if Biden was unsuccessful in getting what he wanted, for example, on voting rights.
(…)
