Can Biden flip the Supreme Court? President handed opportunity as Justice Breyer to retire

But the act is more significant than it may appear, as on paper, it should guarantee a Democratic justice for longer.

By retiring under Mr Biden, Justice Breyer prevents Republicans from extending their lead, at least for now.

If he had chosen to retire under another administration, a potential Republican president would have added a candidate of their own.

Under this eventuality, only two of the nine justices would lean Democrat, meaning left-leaning legislation might face an uphill battle in the court’s halls.