Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on the day's biggest business stories

Subscribe to Axios Closer for insights into the day’s business news and trends and why they matter

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Stay on top of the latest market trends

Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sports news worthy of your time

Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tech news worthy of your time

Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Get the inside stories

Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Denver news?

Get a daily digest of the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Des Moines news?

Get a daily digest of the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Twin Cities news?

Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Tampa Bay news?

Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Charlotte news?

Get a daily digest of the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sign up for Axios NW Arkansas

Stay up-to-date on the most important and interesting stories affecting NW Arkansas, authored by local reporters

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Breyer at the Supreme Court in April. (Photo: Erin Schaff-Pool/Getty Images)

President Biden and his top aides are rebuffing activists who want the White House to pressure Supreme Court Justice Stephen Breyer to retire, sources with direct knowledge of the situation tell Axios.

Behind the scenes: Both Biden and White House chief of staff Ron Klain believe applying such pressure — publicly or even privately — would politicize and damage the institution of the Supreme Court, the sources said. They're also afraid it could backfire.

Why it matters: Anxiety is rising on the left about Breyer, who turns 83 on Aug. 15 and has shown no inclination to vacate his seat for a younger liberal justice.

  • Progressives have PTSD about Ruth Bader Ginsburg's fateful decision to hang on through the Obama era. She died during Donald Trump's presidency, giving Republicans the power to choose her replacement.

Biden would be perfectly happy if Breyer chooses to step down soon. But the president and Klain disagree strongly with progressive activists who are urging a presidential pressure campaign on Breyer to retire, according to sources with direct knowledge.

  • They also think it's tactically stupid. They believe that pressuring Breyer could backfire and cause the justice to stay in his job longer to prove he's unmoved by political interference, these sources said.
  • Breyer appears to be relishing his new role as the court's most senior liberal justice. It's far from clear that he would give this up because of presidential pressure.

A White House spokesman, Andrew Bates, declined to comment on how others should approach the Breyer issue, but said, "The President's view is that any considerations about potential retirements are solely and entirely up to justices themselves."

The big picture: In addition to the White House's hands-off approach, most Democrats in Congress — even staunch progressive senators like Elizabeth Warren — have so far held back from publicly calling for Breyer to retire.

  • Democratic Sens. Richard Blumenthal and Amy Klobuchar have applied some public pressure on Breyer without calling directly on him to step down.

The other side: Rep. Mondaire Jones (D-NY) has led the charge on Capitol Hill, calling on Breyer to retire and blaming "senior-in-age justices" for denying Obama the opportunity to appoint more Supreme Court justices.

What they're saying: "For Democrats to sit on their hands and be content to potentially watch a slow-motion replay of the RBG situation play out just goes to show the folly of our party's passive approach to the courts over the years," Fallon told Axios.

  • "The Court is already a deeply politicized institution, and there is nothing lost by acknowledging that reality and responding accordingly," Fallon added.

Go deeper

DOJ urges Supreme Court not to overturn Roe v. Wade

Attorney General Merrick Garland during a Sept. 9 news conference at the Department of Justice in Washington, D.C. Photo: Samuel Corum/Bloomberg via Getty Images

The Department of Justice sought permission Monday to present oral arguments when the Supreme Court hears a case challenging Mississippi's strict abortion law, as it called on justices to uphold Roe v. Wade.

Why it matters: The two briefs, filed by acting Solicitor General Brian Fletcher, mark the latest attempt by President Biden's DOJ to "protect the legal right to an abortion," per the New York Times, which first reported on the court filings.

16 mins ago - Health

Other drug companies want to help make the vaccines

Illustration: Megan Robinson/Axios

Generic drug companies have asked Pfizer, Moderna and Johnson & Johnson to license their COVID-19 vaccine technology to help increase global production, but so far the vaccine makers have given them the cold shoulder.

Why it matters: Other companies are saying they have extra capacity to make more vaccines. Not using that extra capacity could prolong the pandemic throughout the world.

House passes $768 billion defense spending bill

Photo: Andrew Harrer/Bloomberg via Getty Images

The House approved a $768 billion National Defense Authorization Act (NDAA) for the 2022 fiscal year in a bipartisan 316-113 vote on Thursday.

Why it matters: The annual bill, which authorizes Pentagon spending levels and guides policy for the department, would require women to register for the military draft, among other provisions.

You’ve caught up. Now what?

Sign up for Mike Allen’s daily Axios AM and PM newsletters to get smarter, faster on the news that matters.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!