Sen. Klobuchar has called on Justice Breyer to retire soon if he is going to retire. thehill.com/homenews/56358… Next Democratic senators will be sending brochures to Breyer from the Happydale Retirement Village...
...Klobuchar's comment is tame and measured in comparison to the billboard campaign by groups to push Breyer to retire. Notably, none of these members had the courage to make such calls with Ginsburg who was five years Breyer's senior with chronic health problems...
...There is nothing wrong with a discussion of such timing for retirement. I raised the issue with Ginsburg due to her serious health issues. jonathanturley.org/2017/04/12/the… However, groups like Demand Justice have dispensed with any subtlety or propriety in this unrelenting campaign.
...A MSNBC commentator wrote the following: "The kindest interpretation of Breyer’s move — or lack thereof — is that he’s gambling that the good he can do by staying to advance his goals outweighs the risks that staying poses to those same goals." msnbc.com/opinion/justic…
...Is that really the "kindest interpretation"? How about Breyer's statement that he is neither mentally nor physically diminished. He sees no reason to retire due to his age alone -- a principle that underlies a host of discrimination cases over ageism.
...The heavy-handed campaign by groups like Demand Justice could well be backfiring with the Court. Breyer may view leaving the court under such pressure as worst for the institution as opposed to remaining on the Court.

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More from @JonathanTurley

8 Jul
Michael Avenatti has been sentenced to 30 months -- substantially below the 8 years recommended by the prosecutors.jonathanturley.org/2020/02/14/ave…
...It is a sad day for those of us who know Michael. I have spoken with him since his conviction and, as he did in court, he has expressed how he lost control of his life and his career...
...I still think of that student who came to me while working his way through law school. He was one of the most talented students that I have worked with as a professor...
Read 5 tweets
4 Jul
As usual, there remains a virtual blackout on the Biden laptop or the mounting evidence of Hunter Biden’s influence peddling. Beyond a couple outlets like the New York Post, voters have to rely on the foreign press for coverage of the disclosures. jonathanturley.org/2021/07/04/new…
...What is most interesting about the emails (beyond the $100,000) is that Freeh understood that Hunter Biden was the window to deal with the Bidens on deals. Both Hunter and his uncle are repeatedly referenced in a variety of deals as conduits to Joe Biden.
...That has fueled concerns that we have a type of state media by default where reporters yield not to legal coercion but personal bias. Evidence of self-dealing and influence peddling cannot be reported without being an indictment of not just the Bidens but the media.
Read 4 tweets
3 Jul
Despite the insulting campaign on the left to push him to resign, Breyer has hired four new law clerks. news.bloomberglaw.com/us-law-week/br… Breyer has actually been at the top of his game this year with key decisions. That can make for awkward moments:
...It is certainly true that Breyer could still retire. However, the campaign to push Breyer to retire and to pack the court likely hurt more than helped. The Court itself undermined claims of dysfunctional divisions with a series of nonideological rulings.jonathanturley.org/2021/06/20/e-p…
...For those suggesting Breyer is too old, I believe he is still five years the junior of Ruth Bader Ginsburg. (Few of those calling for him to resign made such calls for RBG to leave the Court)...
Read 4 tweets
1 Jul
Here is the indictment. Grand larceny in the second degree can lead to a maximum sentence of 15 years. However, it would be unlikely to come near such a sentence for such perk abuses...s3.documentcloud.org/documents/2098…
...Such tax issues ordinarily result in sentences closer to a year, particularly for a first offender and an elderly individual. The indictment reads more like a thrill kill than a serious component to a major investigation.
...The indictment likely inflates the values of these items but comes up with $1.5 million in tax evasion. That is still a lot even with prosecutorial inflation. However, corporate perks are notoriously under reported and the violations are common in business...
Read 7 tweets
1 Jul
For a trophy prosecution, nailing a 73-year-old man for not reporting car and apartment benefits (with a potential of a year in jail) is not enough to mount, let alone brag about . . . jonathanturley.org/2019/03/22/the…
The charges against Trump Organization CFO Allen Weisselberg are exceptionally rare as the sole basis for a criminal case. It certainly seems more of a retaliation for failing to give incriminating material as well as pressure to flip on Trump. However, ...
...not only is this a threat of a year in jail, it is extremely unlikely to result in jail time for a first offender even if this bloated prosecution effort can secure this conviction. The case seems more like a thrill kill prosecution in terms of its real size and significance.
Read 6 tweets
1 Jul
Critics of the Court are virtually celebrating the ideological splits to revive their claims of a dysfunctionally divided Court -- ignoring weeks of unanimous and non-ideological decisions.... jonathanturley.org/2021/06/20/e-p…
...After weeks of grumbling silence, the mantra of "pack it, pack it" have resumed on the Internet. The record does not matter when the rhetoric will suffice.
...Among those renewing calls to pack the Court is Sen. Ed Markey, D-Mass., who responded to the decision by declaring "we must expand the Supreme Court." The earlier non-ideological or unanimous decisions are just brushed aside. Any contrary decision is now intolerable.
Read 5 tweets

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