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OpEdNews Op Eds    H4'ed 2/9/22

Justice Breyer's Center-Right Record

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Marjorie Cohn
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But Childs is not favored by progressives because she "overwhelmingly represented employers accused of violating civil rights and gender discrimination laws in the workplace," The American Progressive reported.

Former prosecutor Leslie Abrams Gardiner, a federal judge in Georgia, is also being considered to replace Breyer. Before her appointment to the bench, Gardiner represented large corporations including Bank of America and Google. Her sister is voting rights activist Stacey Abrams.

Non-judges in the candidate pool include Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Education Fund, where she has worked for voting rights and against job discrimination and police brutality.

Some racist Republican senators are already preemptively attacking Biden's nominee. Roger Wicker (R-Mississippi) said in a radio interview that anyone Biden chooses would be a beneficiary of "affirmative racial discrimination."

Sen. Elizabeth Warren (D-Massachusetts) toldHuffPost, "The Republicans have already moved beyond racial dog whistles and directly to racial sirens. They've done it for a Supreme Court nominee before anyone has been named," adding that they "have decided they would rather stir up an ugly portion of their base rather than try to evaluate these candidates on their own."

But fortunately, the filibuster does not apply to Supreme Court nominees. All Democrats and some GOP senators, including Collins, Graham, and Murkowski, will probably support Biden's choice.

Childs, however, may well be the front-runner with Clyburn pulling out all the stops to get her on the court. As Annie Karji wrote in The New York Times, "It is a blatant effort to call in a political favor in the form of a lifetime appointment to the nation's highest court and perhaps the most consequential test yet of the Biden-Clyburn relationship."

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Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

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