It looks like Supreme Court Justices are establishing the new normal when it comes to retiring. Absent death as a cause, it looks like retirement during the presidency of someone of their own party will become the expectation of partisans on both sides. Breyer finally succumbed to the pleas of Democrats to retire so president Biden can fulfil a campaign promise and appoint a black woman to the bench.
As recently as the 60s and 70s, Supreme Court vacancies were filled by presidents of both parties with less fear or favor than is now the case. Gradually, the Court has become embroiled in the culture war separating Democrats and Republicans. It reached its zenith with majority leader Mitch McConnell refusing to let then president Obama nominate Merrick Garland to fill the vacancy left by Antonin Scalia's death. McConnell then reversed course and rushed through the nomination of Amy Coney Barrett 45 days before the election of 2020. This resulted in a 6-3 conservative majority. Absent the wholesale deaths or retirements of this majority, it looks like we are locked into a scenario where 5 or 6 white republican men will decide what laws are constitutional despite or because of their popularity with most Americans. This situation cannot stand.
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