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“I’m sure Breyer realizes what a blow Justice Ginsburg’s non-retirement was to the possibility of ever having an even mildly progressive Court in our lifetime. And that describes Breyer mildly progressive,” said Dan Kobil, a law professor at Capital University. “So I think he would not want to double down on what many view as her miscalculation.”
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For his part, Breyer has said little in public about the prospect of his retirement. In an interview with Axios last year, the Clinton nominee said obliquely that factors like who the president is and the ideological makeup of the court were “not totally irrelevant” as justices weigh when to leave the bench.
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Chevron then took legal action against Donziger in the U.S. under the Racketeer-Influenced and Corrupt Organizations statute. District Judge Lewis Kaplan ruled in the company’s favor, and Donziger has been under house arrest since August 2019 over criminal contempt charges incurred during his appeal.
Kaplan took the unusual step of appointing private counsel to prosecute the case against Donziger after prosecutors with the Southern District of New York refused.
Seward & Kissel, the firm Kaplan named in the case, has at least two clients who have received “significant funding” from an investment fund whose vice chairman sits on Chevron’s board, according to a filing from Donziger’s lawyers.
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