
(Photo by Chip Somodevilla/Getty Images)
The expected unexpected is here —Supreme Court Justice Stephen Breyer has decided to step down. And even though Christmas comes on the 25th of December each year, it is still a shock to come down the stairs and see those gifts under the tree. Especially when you live alone. Let’s turn to Twitter to see how the legal people are responding to the news.
Some were practically born for this moment:

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https://twitter.com/retirebreyer/status/1486410859941224448
There is the slight worry that Breyer’s replacement will be Merrick’d:
Let's not get ahead of ourselves on #SCOTUS and #Breyer. We've got a Presidential election coming up in only 33 months. @Sen_JoeManchin @SenatorSinema may join with @LeaderMcConnell and say "Let the People decide." https://t.co/j0DdjxPrk8
— Peter Sabonis (@psabonis) January 26, 2022
Some still see this as damage control:
How close in time to the gutting of Roe will be the confirmation hearing for Breyer’s replacement?
— Preet Bharara (@PreetBharara) January 26, 2022
There’s talk of a certain someone playing Executive and Judiciary:
Brace yourself for a couple weeks of punditry on a Kamala Harris nomination.
— Eriq Gardner ✍️ (@eriqgardner) January 26, 2022
Maybe the retirement is more of a rebirth?
Justice Breyer (taylor's version). pic.twitter.com/sct3EFmOdS
— Leah Litman (@LeahLitman) January 26, 2022
Breyer’s stepping down is a math problem for some:
https://twitter.com/JamesAn52760465/status/1486405803292647429
Others are willing to do what it takes to smooth the nomination process.
They should put me on the shortlist so that whoever they DO nominate seems way more reasonable.
As they'd say in an MMO, I could TANK ALL THE DAMANGE.
— Elie Mystal (@ElieNYC) January 26, 2022
And others don’t seem to care that much.
Just dropped in to read all the liberal tweets about #SCOTUS. Stop being salty. You’re going to get your pick. It’s all good. #6-3
— bradley perkins (@bradleyperkins2) January 26, 2022
I get the feeling this will stay in the news for a couple more cycles. ATL will be sure to keep you and yours updated on the goings on. Given the political climate, who knows what Biden will do. Nominate a left leaning black woman? Some moderate white dude in his mid 40s who plays golf and has a jib you can’t help but trust? It is Biden after all — I have a feeling that we are not about to give some Marxist the opportunity to don robes. But at the end of the day, who knows? I’m sure the president will nominate a person who is well-known, young, and fit for the job. As long as it’s not Candice Owens or Chet Hanks. Anyone but them.
Honorable mention:
Some predictions are just hella left field:
Straightforward from here.
June 30: Court overturns Roe.
July 1: Breyer resigns, says Court “needs aggressive progressive justices.”
July 4. Biden picks Harris for Court. Harris resigns as VP.
July 5. Biden picks Romney as VP, says national unity needed for the world crisis.
— Bill Kristol (@BillKristol) January 26, 2022
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.