Schumer, Durbin vow to quickly confirm Biden's Breyer replacement as Supreme Court showdown looms

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Supreme Court Justice Stephen Breyer to retire, opening door for Biden appointment

Liberal justice will reportedly step down from the Supreme Court at the end of the current term, giving President Biden an opening to appoint a long-serving successor; the 'Outnumbered' panel reacts.

Senate Majority Leader Chuck Schumer Wednesday promised that President Biden's pick to replace retiring Justice Stephen Breyer will be confirmed "with all deliberate speed," as Congress braces for yet another Supreme Court clash. 

"President Biden’s nominee will receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed," Schumer, D-N.Y., said in a Wednesday statement. 

Breyer is set to step down at the end of the current Supreme Court term, according to a source close to the justice. This gives Biden until the early summer to choose his successor then allows the Senate another approximately six months to confirm that person before the new Congress starts in Jan. 2023. The process could also go much faster than that, with both the president and the Senate acting before Breyer even officially steps down. 

Justice Stephen Breyer poses during a group photo of the justices at the Supreme Court in Washington, April 23, 2021. (Erin Schaff/Pool via Reuters/File Photo)

SUPREME COURT JUSTICE STEPHEN BREYER TO RETIRE

Senate Judiciary Committee Chairman Dick Durbin, D-Ill., meanwhile, said the committee would act "expeditiously."

"With this Supreme Court vacancy, President Biden has the opportunity to nominate someone who will bring diversity, experience, and an evenhanded approach to the administration of justice," Durbin said. "I look forward to moving the President’s nominee expeditiously through the Committee."

The office of Senate Minority Leader Mitch McConnell, R-Ky., did not immediately respond to a request for comment from Fox News about Senate Republicans' strategy for the potential confirmation effort of Breyer's replacement. 

Senate Majority Leader Chuck Schumer waits to speak during an event to mark one year since the U.S. Capitol riot in Washington, Jan. 6, 2022. (AP Photo/Susan Walsh, Pool)

But because McConnell lowered the threshold to confirm a Supreme Court justice from 60 votes to 51 in 2017, Republicans will have very limited levers to try to block a nominee they don't like. Sen. Lindsey Graham, R-S.C., said as much in a Wednesday statement. 

"As to his replacement: If all Democrats hang together – which I expect they will – they have the power to replace Justice Breyer in 2022 without one Republican vote in support," Graham, the second-ranking Republican on the Judiciary Committee, said. 

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He added: "Elections have consequences, and that is most evident when it comes to fulfilling vacancies on the Supreme Court."

Just because Democrats have the votes, however, does not mean the confirmation process will necessarily be tame. Conservative activists like Judicial Crisis Network President Carrie Severino already appear to be gearing up for a confirmation fight. 

Sen. Dick Durbin introduces Antony Blinken during his confirmation hearing to be secretary of State before the Senate Foreign Relations Committee on Capitol Hill, Jan. 19, 2021. (Graeme Jennings/Pool via AP)

"The Left bullied Justice Breyer into retirement and now it will demand a justice who rubber stamps its liberal political agenda. And that’s what the Democrats will give them, because they’re beholden to the dark money supporters who helped elect them," Severino tweeted Wednesday. 

The Senate is currently split 50-50 along party lines, with Democrats holding a majority because Vice President Harris can break ties. Democrats cannot lose even one of their senators' confirmation votes if Republicans remain united against a Biden nominee. 

Graham, Schumer and Durbin, meanwhile, all lauded Breyer as a patriot and a person. 

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"I appreciate Justice Breyer’s service to our nation," Graham said. "He has always been a scholar and a gentleman whose record on the Supreme Court is solidly in the liberal camp. Justice Breyer has always shown great respect for the institution and his colleagues, and I wish him well in the next phase of his life." 

Schumer added: "For virtually his entire adult life, including a quarter century on the U.S. Supreme Court, Stephen Breyer has served his country with the highest possible distinction. He is, and always has been, a model jurist."

Durbin called Breyer a "trusted voice on the bench with a first-rate legal mind." 

Fox News' Bill Mears and Jennifer Griffin contributed to this report.