Supreme Court: Schumer to make Democrats 'walk the plank' on 'radical' Biden nominee, Rick Scott predicts

Supreme Court Justice Stephen Breyer to retire, opening door for Biden appointment

Liberal justice will reportedly step down from the Supreme Court at the end of the current term, giving President Biden an opening to appoint a long-serving successor; the ‘Outnumbered’ panel reacts.

Republican Sen. Rick Scott of Florida predicted that Senate Majority Leader Chuck Schumer, D-N.Y., will whip the Senate Democrats behind a “radical liberal with extremist views” to replace outgoing Supreme Court Justice Stephen Breyer.

Scott, the National Republican Senatorial Conference (NRSC) chairman, made the prediction in a Wednesday press release after Breyer’s retirement reveal.

“The Democrats know they will lose the Senate majority in 2022,” Scott wrote. “I predict that Chuck Schumer and whoever is running the White House will force all Democrats to obey and walk the plank in support of a radical liberal with extremist views.”

Sen. Rick Scott speaks during a news conference about inflation on Capitol Hill on May 26, 2021.
(Drew Angerer/Getty Images)

Fox News confirmed Breyer’s upcoming retirement at the end of the Supreme Court’s term early this summer with a source close to the justice.

Breyer, who is 83, has been the subject of rampant speculation about his retirement. Liberal activists were calling for the justice to retire soon after Biden was inaugurated. Sources close to Breyer, however, said the justice made the decision on his own terms and was not forced out. 

Supreme Court Justice Stephen Breyer arrives for the swearing-in of Justice Neil Gorsuch in the Rose Garden of the White House, April 10, 2017.
(Reuters/Joshua Roberts/File Photo)

Breyer was appointed by former President Bill Clinton, a Democrat. Breyer’s replacement will need to be confirmed by the Senate, which is currently split 50-50 between Democrats and Republicans, with Democrats technically holding the majority because Vice President Harris can break ties.

Schumer said Wednesday Breyer’s replacement will be “confirmed by the full United States Senate with all deliberate speed.”

Senate Majority Leader Chuck Schumer speaks to reporters after a Democratic policy meeting at the Capitol on Oct. 5, 2021.
(AP Photo/J. Scott Applewhite)

White House press secretary Jen Psaki said Wednesday that the White House won’t be commenting, at least for now, about Breyer stepping down. 

Breyer’s retirement comes as a boon to progressives, who will likely be pushing for a nominee that leans closer to their ideology.

Fox News’ Tyler Olson, Jennifer Griffin, Shannon Bream, and Bill Mears contributed reporting.

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