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Democratic Rep. Mondaire Jones calls on Breyer to retire

Democratic Rep. Mondaire Jones calls on Breyer to retire
© Greg Nash

Rep. Mondaire Jones (D-N.Y.) called on Supreme Court Justice Stephen BreyerStephen Breyer Distortions in census numbers give a boost to Team Trump Supreme Court weighs leniency for crack cocaine sentences The Hill's Morning Report - Presented by Emergent BioSolutions - Biden sales pitch heads to Virginia and Louisiana MORE to retire while President BidenJoe Biden28 Senate Democrats sign statement urging Israel-Hamas ceasefire Franklin Graham says Trump comeback would 'be a very tough thing to do' Schools face new pressures to reopen for in-person learning MORE is still in office.

Jones made the comment in an interview with Cheddar News on Friday. It comes as progressives push Breyer to retire so that Biden can appoint a younger justice to the high court.

“There’s no question that Justice Breyer, for whom I have great respect, should retire at the end of this term. My goodness, have we not learned our lesson?” Jones said.

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Justice Ruth Bader GinsburgRuth Bader GinsburgJudge Judy on expanding Supreme Court: 'It's a dumb idea' Court watchers buzz about Breyer's possible retirement Five hot-button issues Biden didn't mention in his address to Congress MORE died last year, which allowed former President TrumpDonald TrumpFranklin Graham says Trump comeback would 'be a very tough thing to do' Man suspected in wife's disappearance accused of casting her ballot for Trump Stefanik: Cheney is 'looking backwards' MORE to put a third conservative justice on the court. 

The court now has a 6-3 conservative majority.

Jones said he was "excited about the opportunity for this president, President Biden, to appoint and then for the Senate to confirm jurists for the Supreme Court who are not hostile to our democracy." 

“Who will adjudicate cases that will protect and preserve voting rights and that will respect the will of Congress, frankly," he said.

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Breyer, 82, was appointed to the high court in 1994 by former President Bill ClintonWilliam (Bill) Jefferson ClintonObama calls on governments to 'do their part' in increasing global vaccine supply China's emissions now eclipse the developed world — preventing climate protection Trump endorses Glenn Youngkin in Virginia governors race MORE. Progressive group Demand Justice launched a campaign earlier this month to pressure Breyer to step down to make way for the first Black woman to serve on the high court.

But White House press secretary Jen PsakiJen PsakiLawmakers bicker over how to go after tax cheats Colonial breach underscores concerns over paying hackers French police deploy tear gas on protestors supporting Palestinians in Paris MORE told reporters earlier this month that Biden will let Breyer decide when he retires.

“He believes that’s a decision Justice Breyer will make when he decides it’s time to no longer serve on the Supreme Court,” she said.

The pressure also comes as Democrats discuss expanding the Supreme Court.

Breyer warned during a speech at Harvard Law School that expanding the court would make it appear more political and damage the court’s influence. Jones hit back at Breyer for weighing in on the issue as a justice.

“I didn’t understand why he was weighing in on the prerogative of the legislature,” Jones said during a discussion at the American Constitution Society, according to Bloomberg Law. “I wish that he would just stop talking about that and stick to actually adjudicating cases.”

Jones, along with Rep. Jerry NadlerJerrold (Jerry) Lewis NadlerMcGahn to sit for closed-door interview with House Democrats House to consider anti-Asian hate crimes bill, protections for pregnant workers this month A historic moment to truly honor mothers MORE (D-N.Y.), Rep. Hank JohnsonHenry (Hank) C. JohnsonBottom line Schumer waiting for recommendation on Supreme Court expansion Democrats seek Barrett's recusal from case tied to conservative backers MORE (D-Ga.) and Sen. Ed MarkeyEd MarkeyRon Johnson calls cyber attacks an 'existential' threat following Colonial Pipeline shutdown Senators ask airlines to offer cash refunds for unused flight credits Civilian Climate Corps can help stem rural-urban divide MORE (D-Mass.), introduced legislation on Thursday that would expand the Supreme Court from nine to 13 justices. 

However, House Speaker Nancy PelosiNancy Pelosi28 Senate Democrats sign statement urging Israel-Hamas ceasefire Lawmakers bicker over how to go after tax cheats House Republican: 'Absolutely bogus' for GOP to downplay Jan. 6 MORE (D-Calif.) said that she had no plans to bring the legislation to the floor. She instead endorsed the commission President Biden established via executive order to study the the issue.

Republicans have blasted the bill, signaling they will seek to make it an issue in the 2022 midterm elections.