I also think that I read that Breyer wants out and is just hanging on for the chance to be replaced by someone less terrible that Neomi Rao.
So Biden might have two appointments to make early, which makes having the Senate all the more important. But even then, it also means that Joe Manchin might have a sort-of-veto unless the Democrats make some real shock gains. So - again - you're more likely to end up with a Merrick Garland harmless figure than a left wing equivalent of Gorsuch or Kavanaugh. And that would be true no matter which Democrat was in the White House.
So Biden might have two appointments to make early, which makes having the Senate all the more important. But even then, it also means that Joe Manchin might have a sort-of-veto unless the Democrats make some real shock gains. So - again - you're more likely to end up with a Merrick Garland harmless figure than a left wing equivalent of Gorsuch or Kavanaugh. And that would be true no matter which Democrat was in the White House.
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