The Daily Show: Ears Edition - Back in Black - Should Justice Stephen Breyer Retire?

Episode Date: June 30, 2021

In this June 2021 segment, Lewis Black weighs in on rising calls for 82-year-old Supreme Court Justice Stephen Breyer to retire while Democrats still maintain tenuous control of the Senate. Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

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But as millions of Americans go back to work, there's one American who a lot of people wish would never work again. 82-year-old Justice Stephen Breyer, really getting some pressure to retire from a growing number of Democrats so that Biden can fill his spot with a younger liberal justice. Democrats are confident they could get a Biden nominee through the Senate as long as they're still in the majority.

Just to be clear, you do think that Justice Stephen Breyer should retire at the end of this term. I would give more thought to it, but I'm inclined to say yes. First of all, I can't believe someone has to convince an 82-year-old to retire. Personally, I would have stopped working a long time ago if I didn't have to pay for my anger management courses. The cancellation fees are outrageous. Damn you, Masterclass! Look, I can see why being a Supreme Court justice is a good gig. You basically sit around all day in a robe telling everyone else how to live their lives. Not to mention Kegger Tuesdays in Brett Kavanaugh's chambers.

But the Democrats are getting nervous because right now they control the Senate. But if old man Breyer waits too long, then filling his seat might be up to Mitch McConnell. And McConnell is already kicking around some fun ideas. Senate Minority Leader Mitch McConnell, making clear how far he will go to control the U.S. Supreme Court. Remember, McConnell blocked the nomination of Merritt Garland with nearly a year left in the Obama administration. Now he says he would do it all over again, and maybe then some.

I don't think either party, if it controlled, if it were different from the president, would confirm a Supreme Court nominee in the middle of an election. Is this guy shameless or what? The only people who tell you their evil plans in advance are serial killers, supervillains, and Mitch, F. McConnell and the G.O.P. regained control of the Senate, there's a good chance Biden wouldn't get to replace Breyer with anyone. The seat will just stay empty until President Don Jr. fills it with a 23-year-old Fox News

anchor. I hope McKenzie with a Y likes gun control. Now it's true the Democrats control the Senate at least through next year, so what's the rush? Let Briar weigh in on gay wedding cakes for another term, if that's how he gets his kicks. But what's giving Democrats nightmares is that in a 50-50 Senate, one slip in the shower could ruin everything. If any Democratic senator dots in a state where they can be replaced by a Republican, Mitch McConnell once again can block Breyer's replacement.

So if Pat Leighy and Vermont dies under a Republican governor, gone. If John Tester and Montana gets hit by, you know, a caribou or whatever they have up there. If he goes, bam, that's it for the Democratic majority. So every day, Briar stays on the court is another day, Mitch McConnell gets to spin that wheel of death the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel the wheel theyer stays on the court is another day Mitch McConnell gets to spin that wheel of death. Wow, that is some dark shit CNN. I'll put 50 bucks on the caribou. But these guys are right. When half of your senators are old enough to remember the dustbow, your majority can disappear at any time.

And you can kiss that Supreme Court seat, bye-bye. And look, I'm no constitutional scholar, but it seems to me that if your whole democracy hinges on whether or not a single 80-year-old man chokes on a worthers, then maybe your system is, well, how do I put this delicately? I know this all might seem dramatic, but you can't be taking chances here. This is the Supreme Court we're talking about. They determine whether you get health care, whether you can vote, and whether to throw out your vote and make George W. Bush president. So it makes sense that the Democrats don't want to screw this up,

especially since they've already done it once before. There's been rounding pressure from some Democrats and progresses for Ruth Bader Ginsburg to retire while the Senate and White House are still in democratic control. But Justice Ginsburg is having none of it. What are you thinking when it comes to your retirement? I think people know that I'm here to to to to to to to to to to to to to to to to to to? I think people know that I'm here to stay and my answer is I will do this job as long as I can do it full steam.

Should the political climate and consideration of your replacement be factors in your decision? I am still here. and likely to remain for a while. Well, that worked out about as well as an at-home colonoscopy. R.B.G. passed away. Donald Trump replaced her with Amy Coney Barrack. I made a fortune selling unlicensed and maids tail costumes to protesters. Now, I don't know if Breyer is going to heed the lessons of RBG, but personally, I think he needs to go. Not for any political reason. I just think people should retire while they

can still enjoy the good life. The man is 82. He's only got a few years left of accidentally driving into a farmer's market. And maybe Breyer just doesn't want to retire because he thinks a worthy replacement isn't out there. But the good news is, I'm available. Now I don't have a law degree, and I'm pretty sure habeas corpus is a sex fetish, but I think I'm perfect for the high court. I'm judgmental. I've watched hundreds of hours of law and order, and you know I'll be impartial because I think Democrats and Republicans are both assholes. And the best part is, you'll never have to replace me because I've already pre-recorded

opinions for every possible case that could come up long after I die. Yes, you can marry your own clone. Nothing that hot should ever be illegal. The government cannot force Americans to get vaccinated for COVID-37. If you don't like Congress taxing time travel, go back in time and do something about it. Islam is now officially banned. Call me old-fashioned, but there's only 13 genders, not 14. Islam is now officially mandatory.

For the last time, Mr. Trump, you did not beat Joe Biden. It's 2057. Let it go! President Biden, I'll be waiting for your call. The Daily Show with Trevor Noah Ears Edition. Subscribe to the Daily Show on YouTube for exclusive content and stream full episodes anytime on Paramount Plus. When 60 Minutes premiered in September 1968, there was nothing like it.

This is 60 Minutes. It's a kind of a magazine for television. Very few have been given access to the treasures in our archives. But that's all about to change. Like none of this stuff gets looked at. That's what's incredible. But that's all about to change. Like none of this stuff gets looked at. That's what's incredible. I'm Seth Done of CBS News. Listen to 60 Minutes, a second look on Apple podcasts starting September 17.

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