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Woodward: Justice Breyer Was "'Forced Out' To Make Way For Someone Younger" and Justice Kagan Was Not Happy

8 hours ago 6

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The New York Times published more excerpts from Bob Woodward's new book. It seems that Woodward has material from Justices Breyer and Kagan:

Mr. Woodward also writes about encounters with more recent justices. He reports that his wife, Elsa Walsh, a former journalist for The Post and The New Yorker, sat next to former Justice Stephen G. Breyer at a dinner and he told her that he was "forced out" to make way for someone younger on the court.

He also recalls running into Justice Elena Kagan at a Washington party in 2023. Justice Kagan expressed admiration for "The Brethren" and Mr. Woodward noted that the main point was how the ideological center of the court in that era dominated. "Yes, I prefer it that way," Justice Kagan said. "That's exactly what it should be."

When he asked her if she was happy on the court, Justice Kagan said no, she was not, given the situation.

I don't think Justice Breyer gets to complain to a reporter's wife about being pushed out. It was his choice. No one forced him to step aside for Justice Jackson. But he folded. By contrast, Justices Thomas and Alito resisted all of the pressure.

As for Justice Kagan, does she really want the Court to be governed by the "ideological center"? Would the center of the Court have been Merrick Garland? I don't doubt that she is unhappy.

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