The Plastic Cutlery of Damocles

Fearing that death or disability will remove Justice Stephen Breyer from the Supreme Court when a Republican is in the White House, progressives have begun urging the senior Democratic appointed justice to retire so that Joe Biden can nominate a younger successor while he has a chance. Is Justice Breyer likely to retire anytime soon? David Lat joins today’s show to give us his take. Stick around to hear David Lat and our hosts chat about Biden’s 36-person Supreme Court commission, a new opinion involving California pandemic law, Google v. Oracle, and lawful orders from police officers. Show Notes: -David Lat’s Substack: Original Jurisdiction, and novel: Supreme Ambitions -David Lat’s posts on Breyer: “Will Justice Breyer Retire? Reading The Clerk Hiring Tea Leaves” and “Confession Of Error: Justice Breyer Is Hired Up For October Term 2021” -Ritesh Tandon v. Gavin Newsom -Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark -Campbell v. Acuff-Rose Music, Inc. -Orin Kerr’s Twitter thread on lawful orders and Pennsylvania v Mimms -“A Tale of Two Rap Songs” by David French in The Dispatch Learn more about your ad choices. Visit megaphone.fm/adchoices