legal system, which is the form of order in our court and our democracy. >> reporter: the eventual nominee will likely face a daunting confirmation process. wire told several people who nudged him to retire that the confirmation process shouldn't be political. >> if the public sees judges as politicians in robes, its confidence in the courts and rule of law itself can only diminish. >> reporter: some democrats were worried breyer would remain on the bench, and with the 2022 midterms looming, senate republicans have already raised the stakes around his retirement with five gop lawmakers telling cnn in december that they would likely oppose any nominee out of this white house if they take the majority in november. paula reid, cnn, washington. >> so, we want to get more perspective now about the history about to be made. joining us, valerie jaret, former senior adviser to president obama. ms. jaret, thanks for being with us. how significant is this moment