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Multiple news organizations report that Justice Breyer plans to retire at the end of this term.

It’s important to note that this is good news. Or at least, as is often the case these days, it forestalls worse news, which in this case would be Breyer leaving the bench with the Senate in Republicans hands. It is a given today that a Republican senate would simply refuse to seat any Supreme Court nominee from a Democratic President. This sets up a high stakes nomination process which is likely to come down to how much game-playing we can expect from Senators Manchin and Sinema.

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