Time for president biden to secure a new confirmation. awaiting a formal statement from his office, andy. we ve in on the possible replacement, some of those names i mentioned and some we put on the screen. well, i m going to do the smart thing here, sandra, and go with shannon, which is that i think brown jackson is certainly the favorite here. sandra: u.s. court of appeals. yeah, at the d.c. circuit, which is obviously very important court and often a stepping stone to the supreme court. the other thing i throw into the mix about her, i have not heard too much up until now, she s a breyer clerk. she clerked for justice breyer on the supreme court. and i throw that sandra: adding one thing to that, interesting note from our chad pergram on capitol hill, that brown jackson is the sister-in-law of former house speaker paul ryan. yeah, i still think i
We ll see what jen psaki has to say when she takes questions and what president biden may know and did the justice tell the white house ahead of this. shannon bream is live, she s joining us now. great to see you on this breaking news, all sort of still taking this in and trying to predict what this means and what will happen next. real quickly, when mike davis joined us last hour, he seemed to make a suggestion about how this went down, listen. it is surprising that the white house, the biden white house let this announcement leak and they let it get out there before justice breyer had the chance to make the announcement, i think it was bad form. sandra: i followed up right away and said do you know that to be the case? and he said he has not put out a statement yet. you have to wonder where the leak came from. would not have come from the supreme court. so in the speculation phase, we have not received the formal statement from justice breyer s
Forced into it he would not do it. if it feels like his own decision, and yes happens to be political pressure, too, i suspect with him, it s going to feel like the right time being with him. very pragmatic, he s not a flame thrower, he likes to try to build coalitions where he is, where he can, but clearly he is a stalwart legal liberal when it comes to the court. so, he can see the writing on the wall, what the atmosphere is. but i think he was probably much more resistant to pressure, if anything, that probably made him hesitate last year and think deeply about it this year. at 83 and 1 of the most senior members of the court, he is somebody who has a lot of other interests. he writes, he travels, he speaks, he enjoys all of that. and bringing some humor to the court and i think taking it to people so they can get an inside view. i think he ll keep continuing doing those things even once he leaves the bench and this is a term to go out on. it has to have big decisions on guns, abort
Democratic activists and members suggest. but that does not mean this is not going to be a knock down drag out battle, true? yeah, that s right. and you know, breyer really earned the ire of a lot of people from the left when he actually rejected the view that this was a conservative court. he publicly said it s not, that these justices really try to get these questions right and for that he was called on msnbc naive, and calls increased for his retirement. he really did, i think, stand for the institution itself. he was a strong opponent of packing the court, which also drew a lot of criticism from the left in last year or so. sandra: so jonathan, as we take in all of this breaking news, a lot of speculation just looking at some of the statements coming out from some of the members of congress, of course, that are predicting this
Heartedness of this justice, breyer, and he s a joke teller. knock knock jokes, a lot of knock knock jokes and tests them out on the other justices. a final thought on his role on the court and sort of his legacy on the court. absolutely. you know, there s been a lot of reporting justices don t get along with each other, that s simply not true. also i mean, justice breyer, served three decades, ruled on major issues, he, you know, i think his legacy will be a good one, especially more viewing the court in the left leaning loss. sandra: thank you very much for calling in. thanks, sandra. andy mccarthy, former federal prosecutor, fox news contributor, i was dipping into sandra s conversation there because jen psaki tweeted the