Liberal Breyer is taking no chances in the timing of his departure

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Liberal Breyer is taking no chances in the timing of his departure
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US Supreme Court Justice Stephen Breyer is conditioning his retirement on the confirmation of a successor and has taken a page from individual justices who have given presidents several months to move their choices into place. | Analysis by Joan Biskupic

But Breyer chose an even earlier point than any past retiree to alert the White House, by nearly two months.Biden said he'd put a Black woman on the Supreme Court. Here's who he may pick to replace BreyerSuch early word and the successor proviso no doubt reflect today's backdrop of Senate obstruction and partisan hostility.

The midterm elections are not until November, and a new Senate would be seated in January 2023.RELATED: Schumer wants quick timeline to confirm Supreme Court pick, similar to Barrett's processCritics, including law professors who penned opinion pieces urging retirement, said that was a gamble. The death or defection of just one Democrat could have returned former Senate leader McConnell to power.

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