thependulumswings

If it’s Breyer’s, it’s got to still be good!  Any ice cream company founded in 1866 and still churning today has to be good.

But, with FDA government regulations, even good goes bad when it gets old.  Use by this date or discard the label says.

Yesterday, someone somewhere in the government decided that U.S. Supreme Court Justice Stephen Breyer’s discard date had come up as well.

Breyer’s retirement was reported by the press before he himself made it.  This led to speculation that it had been leaked by a White House eager to appease left-wing critics after its recent legislative failures and court defeats.

Might the party in charge be worried about Republicans winning the Senate in 2022?  Might the party in charge be worried about another Ruth Bader Ginsberg situation?  Out with the old and in with the new.

Multiple sources told multiple members of the press that Justice Breyer was not planning to announce his retirement yesterday. They describe him as “upset” with how this has played out.  Breyer prides himself on not being partisan.

Apparently, the White House prides itself on not caring what Breyer cares about.

Did Demand Justice, a left-wing group formed to oppose Trump’s Supreme Court picks have a hand in forcing Breyer’s hand? The group proudly launched a “Breyer Retire” campaign just weeks after Biden took office.  Demand Justice is quite open about its goal of seeking to overhaul the federal court system to advance progressive goals.

Both WH press secretary Jen Psaki and Paige Herwig, Biden’s point person on judicial nominations, previously worked for Demand Justice.  Coincidence?

Breyer was good until a new flavor, but with similar tastes in thinking, can head to the Supreme Court.  And the new appointee needs to head that way before November.

The White House had little to say about Breyer’s retirement because they said it wasn’t “official” yet.   Odd?  Though they did quickly add that the Biden Administration would follow through on his campaign promise to add a black and female jurist to the highest court.  Odder?

Why not choose whomever they thought was most qualified regardless of gender and skin color?  As a Senator Joe Biden voted against the nomination of Judge Clarence Thomas, probably because he thought that he was unqualified.  Oddest?

Will the administration throw Breyer a retirement party?  If so, will they let him in on when it is?

And, most of all, will they serve Breyer’s Ice Cream with the cake at Justice Breyer’s going away party?

It’s likely, but only if the use-by and discard date hasn’t come and gone like the justice’s has.

Because remember, it’s got to still be good!