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

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