Godlewski calls on U.S. Supreme Court Justice Stephen Breyer to retire

MADISON - Democratic U.S. Senate candidate Sarah Godlewski is calling on U.S. Supreme Court Justice Stephen Breyer to retire to prevent a scenario where a Republican Senate majority blocks the confirmation of a new appointee from President Joe Biden.

Senate Minority Leader Mitch McConnell told Politico that he hasn't decided whether to rule out using the same strategy he deployed in 2016 when he blocked a confirmation vote on then-President Barack Obama's nomination of Merrick Garland to the nation's highest court. 

"Cross those bridges when I get there, we are focusing on ‘22. I don’t rule anything in or out about how to handle nominations if I’m in the majority position," McConnell said. 

Godlewski, Wisconsin State Treasurer, said Friday Democrats "need to be sounding the alarm on this."

"With the balance of the Senate hanging on by one seat, Democrats can not afford to ignore this shot across the bow from the right. Supreme Court Justice Stephen Breyer needs to retire," she said in a statement. "Democrats need to do everything we can to win next November but we can’t wait until then. We need to fill this seat now. If we don’t, reproductive rights, voting rights, LGBTQ rights, civil rights, and so much more will be even more at risk.” 

Breyer, 83, was nominated to the Supreme Court in 1994. He faces high pressure from progressives to step down while Democrats retain a majority in the U.S. Senate. 

In July at the end of the court's term, Breyer said he had not decided whether to retire. In a July 15 interview with CNN, Breyer said his health and "the court" would factor into his decision.

Given the time needed to nominate and move a candidate for the lifetime appointment through the Senate, many Supreme Court justices announce their retirement at the end of the court’s term in June or July so the president and Senate can fill the seat before the high court reopens for business in October.

The process for confirming a Supreme Court nominee usually takes about 70 days from the submission of the nomination to the final vote for justices confirmed from 1975 to the present, according to the nonpartisan Congressional Research Service.

Justice Amy Coney Barrett was confirmed last year in less than half that time, as Republicans rushed to get her on the bench while they had Senate control, and while Donald Trump was in the White House, after the death of liberal Justice Ruth Bader Ginsberg.

Supreme Court officials did not immediately respond to a request for comment. A spokesperson for the National Republican Senatorial Committee did not immediately have a reaction to Godlewski's comments. 

Godlewski, Lt. Gov. Mandela Barnes, Outagamie County Executive Tom Nelson and Alex Lasry, on leave from his executive job with the Milwaukee Bucks, are considered top candidates in the large Democratic primary for U.S. Senate in 2022. 

U.S. Sen. Ron Johnson, a Republican from Oshkosh, has not yet decided if he'll run for a third term next year.

John Fritze of USA Today contributed to this report. 

Contact Molly Beck at molly.beck@jrn.com. Follow her on Twitter at @MollyBeck.