Appointing Another Pro-Corporate Hack Supreme Court Justice Would Be a Disaster
With Justice Breyer’s announced retirement, the moment begs for a jurist with a commitment to prioritizing workers and the environment — and breaking with America’s most powerful lobbying group, the US Chamber of Commerce.

Justice Stephen Breyer at the US Supreme Court in Washington DC, 2018. (Mandel Ngan / AFP via Getty Images)
Though most of the Supreme Court discourse revolves around hot-button social issues, the high court is first and foremost big business’s cannon aimed squarely at the American worker and at the livable ecosystem that supports human life. The upcoming battle over Justice Stephen Breyer’s replacement will only be an opportunity to start fixing this emergency if the nomination discourse, advocacy, and decision-making acknowledges that this is the big judicial problem — one that has helped turn America’s economy into a corporate dystopia.
On one level, Breyer reportedly retiring is welcome news because it provides a rare opportunity for lawmakers other than Republicans to put someone on the court who doesn’t resemble a villain from The Handmaid’s Tale. But with corporate America’s stranglehold on policy — from health care to labor to climate — it’s not enough to merely get an appointee who checks some important demographic boxes and isn’t a religious zealot.
With so much of the court’s day-to-day work focused on corporate cases rather than on social policy, the moment calls not merely for some younger version of Breyer, who has pretended the court is not inherently rigged in favor of corporate power — even though it quite obviously is.