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Rep. Alexandria Ocasio-Cortez (D-N.Y.) told CNN’s “State of the Union” Sunday she thinks Supreme Court Justice Stephen Breyer should retire at the end of the court's term to allow President Biden to name a successor.

Flashback: The comments come less than a year after the death of Justice Ruth Bader Ginsburg, which allowed President Trump to fill a vacant seat with a conservative judge before he lost the presidential election.

  • Breyer, who Bill Clinton appointed in 1994, is the oldest justice on the court at 82.

What she's saying: "It's something that I’d think about but I would probably lean toward yes. But yes, you're asking me this question so I've just — I would give more thought to it, but I'm inclined to say yes,” Ocasio-Cortez responded.

“We have had very difficult experiences with making, I believe the opposite mistake, and especially if Senate Democrats are not going to pass reforms on HR 1, we cannot rely solely on a wish of winning elections, particularly in the Senate when voting rights are under attack in Georgia, Arizona and Texas across the country.”
“And if we're not going to pass HR 1 with the preemptive clauses that can roll some of that voter suppression attacks back, yeah, I believe that we should protect our Supreme Court and I bet that should absolutely be a consideration.”
— Ocasio-Cortez on whether Breyer should retire to be replaced with another liberal justice

Worth noting: Breyer told Axios on HBO last year he feels healthy and has no plans to retire. He said who the president is and what the balance on the court could become is "not totally irrelevant" for a justice to consider.

  • "I don't really think about it" he said about retirement, "I enjoy what I'm doing."

Go deeper

DOJ seeks emergency order to temporarily block Texas abortion law

Pro-abortion rights protesters march outside the Texas State Capitol on Sept. 1 in Austin, Texas. Photo: Sergio Flores for The Washington Post via Getty Images

The Department of Justice submitted an emergency motion late Tuesday seeking a temporary restraining order or preliminary injunction on Texas' ban on abortions after six weeks.

Why it matters: The action marks an escalation by the Biden administration in its challenge on the constitutionality of the GOP-led state's restrictive new law, after the DOJ filed a lawsuit last week following the U.S. Supreme Court's decision, in a 5-4 vote, to allow the ban to remain in place.

Updated 53 mins ago - Science

This powerful new accelerator looks for keys to the center of atoms

Illustration: Eniola Odetunde/Axios

Nuclear physicists trying to piece together how atoms are built are about to get a powerful new tool.

Why it matters: When the Facility for Rare Isotope Beams begins experiments later this spring, physicists from around the world will use the particle accelerator to better understand the inner workings of atoms that make up all the matter that can be seen in the universe.

Updated 56 mins ago - Politics & Policy

Omicron dashboard

Illustration: Aïda Amer/Axios

  1. Health: FDA OKs antiviral drug remdesivir for non-hospitalized COVID patients — Walensky: CDC language "pivoting" on "fully vaccinated" — Pfizer and Moderna boosters overwhelmingly prevent Omicron hospitalizations, CDC finds.
  2. Vaccines: The case for Operation Warp Speed 2.0 — Teens and adults missed 37 million vaccinations during COVID — Team USA 100% vaccinated against COVID ahead of Beijing Olympics — Kids' COVID vaccination rates are particularly low in rural America — Annual COVID vaccine preferable to boosters, says Pfizer CEO.
  3. Politics: Arizona governor sues Biden administration over COVID funds tied to mandates — Biden concedes U.S. should have done more testing — Arizona says it "will not be intimidated" by Biden on anti-mask school policies.
  4. World: American Airlines flight to London forced to turn around over mask dispute — WHO: COVID health emergency could end this year — Greece imposes vaccine mandate for people 60 and older — Austria approves COVID vaccine mandate for adults — Beijing officials urge COVID-19 "emergency mode" before Winter Olympics.
  5. Variant tracker