The retirement of Supreme Court Justice Stephen Breyer has sparked headlines about the coming “fight” over President Joe Biden’s nominee to replace him.
But although Republicans will oppose anyone whose record suggests she makes political decisions, not constitutional ones, as they should, there won’t be a real fight or “blood sport,” as one pundit put it. Biden will nominate a black woman, as he promised in 2020, and she’ll face nothing like the character assassination campaigns that Democrats have mounted against every originalist since Ronald Reagan picked Robert Bork in 1987.
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