New York Times: “With their bare-minimum 50-seat majority, Democrats will not have that luxury after Mr. Biden nominates the first Black woman for the court sometime in the next few weeks. Considering the toxic partisan atmosphere surrounding contemporary Supreme Court fights, it is conceivable she could make history not only because of her gender and race, but also as the first person elevated to the court by a tiebreaking vote of the vice president.”
“It would be a far cry from the simple voice-vote approval of many of her predecessors as recently as the 1960s. Or the 98-to-0 confirmation of Justice Antonin Scalia, a leading judicial conservative, in 1986. Or even the 87-to-9 vote in 1994 for Justice Stephen G. Breyer, a member of the court’s liberal wing, who announced on Thursday that he would step down after nearly three decades.”
“The decline in consensus Supreme Court confirmations has been precipitous, and the escalation of partisan warfare has been sharp.”
