But the no-holds-barred battle over her confirmation underscored the new reality that for now, filling a Supreme Court vacancy has become dependent on a party controlling both the White House and the Senate. That could mean even more strategic decisions about when a justice retires, said Barbara Perry, a presidential and Supreme Court historian at the University of Virginia’s Miller Center. “Remember, they love their jobs,” she said, and generally are reluctant to give up their lifetime appointments. The conditions were right for Breyer, who saw a Democratic president and Senate, and warning signs both in the recent past and the immediate future, when Democratic control of the Senate is threatened.
Barbara Perry