Stephen Breyer: More proof that Scalia’s replacement must wait

Stephen Breyer

Yesterday I shared the concerns many Conservatives in America were expressing about the Supreme Court vacancy we now have as a result of the death of Justice Antonin Scalia, and how it is vitally important for the spineless RINOs, led by Mitch “Lying Eyes” McConnell, to prevent any consideration of Scalia’s replacement until after the November election.

My reason for joining in the call to delay replacing the man many have called a “great patriot” for his originalist view of the Constitution was the clear and present danger we face in America to our constitutional rights. One need look no further than the myriad of 5-4 decisions the court has become known for over the past many years on some of the most basic constitutional questions; such as the Second Amendment. Replace Scalia with a liberal, activist judge, and the court flips from a pro-Constitution court—I know there are exceptions such as the Obamacare ruling—to a politically-correct, George Orwellian court filled with group-think justices.

I also warned how those on the left in Congress and the White House would try to seize this tragedy as an opportunity to make a liberal shift in the courts a reality, something that we are now learning is closer than we think.

During a recent interview with Newsmax TV, Justice Stephen Breyer expressed his desire to see the court begin thinking outside the constitutional box:

“You have to know something about what’s going on beyond our shores, whether its law or practices or copyright or security,” Breyer said in an interview with J.D. Hayworth on “Newsmax Prime.”

“All kinds of things in order to get the right answer to a question about American law. [It’s] maybe 10 or 15 percent of our cases now.” (emphasis mine)

Did you catch what he is saying? According to Breyer, the court should depend on things outside of American law and the Constitution in order to come up with the “right answer” concerning American law.

This philosophy is nothing new for the activist Justice. In an article I wrote in September, 2015, Supreme Court Justice Breyer: Laws in other countries equal to Constitution, I covered an interview he did with TIME where he concluded that there’s clearly nothing wrong with American courts—including SCOTUS—considering the laws and judicial rulings of other nations when it comes to doing his job:

“If someone with a job roughly like my own, facing a legal problem roughly like the one confronting me, interpreting a document that resembles the one I look to, has written a legal opinion about a similar matter, why not read what that judge has said? I might learn from it, whether or not I end up agreeing with it.” (emphasis mine)

While trying to show his empathy for others, he actually confirms the violation of his oath to “protect and defend” the Constitution of the United States.

Using his rationale, what would prevent the Supreme Court, or any court for that matter, from considering Sharia Law in a case involving Muslims? The answer? NOTHING! In fact, there have already been documented cases in the United States where the judge gave preference to Sharia over the Constitution.

Clearly, all three branches of the federal government have drifted from the constitutional moorings, but with the hope of a constitutional conservative becoming the next president, we should do all we can to replace Scalia with another originalist justice.

It’s the only way to begin to right the ship!


Don't Feed The RINOsDavid Leach is the owner and publisher of The Strident Conservative, where you will find news and opinion that’s politically-incorrect and always “right.” He is also a frequent contributor at

His daily commentary is nationally syndicated via Salem Radio Network.