TIME FOR JUSTICE BREYER AND SEN. FEINSTEIN TO RETIRE

We would all like to think we’re indispensable. Our talents, our experience, our insight, our wisdom are so unique that no one could possibly replace us. The more exalted your position, the more likely you are to believe that to be true.

Which is why, for the sake of the country and anything resembling a liberal policy future, a couple of very important people have to get over themselves and retire.

Let’s begin with Supreme Court Justice Stephen Breyer, currently the oldest member of the court at 82. A growing chorus of liberals is encouraging him to step down while he can be replaced by a Democratic president, the memory of Ruth Bader Ginsburg’s passing still fresh in their minds.

Ginsburg, who died at age 87 after multiple bouts with cancer, had resisted similar calls while Barack Obama was president; perhaps, like most people, she figured there was no way Donald Trump would win in 2016, perhaps she was just stubborn, or perhaps she liked the job too much (it is a pretty sweet gig). Whatever her considerations, she chose to wait, and the result is a 6-3 conservative supermajority on the court.

Breyer hasn’t said anything publicly about his plans. But let’s think about it this way: Why wouldn’t he retire now?

It’s true that, as Robert Bork famously said, serving on the court can be an “intellectual feast.” But the unfortunate reality is that Breyer will probably never be part of a court in which liberals are the majority (something we haven’t had since the 1960s), which means that the vast majority of the time he’ll just be registering his displeasure with whatever the conservatives have chosen to do.

When Anthony Kennedy was the court’s median vote, Breyer could anticipate being in the majority at least some of the time and shaping vital decisions that would determine the legal course the country would take. But with Kennedy replaced by Brett Kavanaugh and Ginsburg by Amy Coney Barrett, most of the time all he can do is watch while the conservatives carry out an assault on everything he believes in.

So this is the time for him to make an investment in the future, allowing President Joe Biden to secure his seat for the next few decades. And since Biden has pledged to nominate a Black woman to the court, Breyer can be part of a historic, long-overdue advancement.

And he doesn’t have any time to waste. With the Senate currently tied at 50 Democrats and 50 Republicans, all it would take is an illness, death, or retirement to throw the chamber back into Republican hands. Should that happen, the chance will be gone, because Minority Leader Mitch McConnell, R-Ky., and the Republicans will hold the seat open for as long as it takes to put another conservative on the court.

Don’t even try to say that circumstances would be different, and McConnell wouldn’t do all over again to Biden’s nominee what he did to Merrick Garland. Of course he would. If it took three years, seven years, or 20 years — as long as Republicans have the power to keep a liberal justice from being confirmed or even considered, they will.

Which brings us to the second prominent Democrat who needs to accept her gold watch and settle into retirement: California

Sen. Dianne Feinstein.

For some time now, questions have been gingerly raised about whether Feinstein, who is 87 and will be 91 at the end of her current term, is sharp enough to continue serving. There are now reports that her husband, Richard Blum, is interested in an ambassadorship; should Biden appoint him to an overseas posting, Feinstein could accompany him and exit gracefully.

This question has become more urgent of late with the apparently successful drive to force a recall election for Democratic Gov. Gavin Newsom. Recall organizers likely gathered enough signatures to trigger the election that could force Newsom from office, potentially replacing him with a Republican. Voters will simultaneously vote up or down on the recall and for a replacement if the recall succeeds.

If that were to happen, and then Feinstein were to subsequently have to step down, a Republican would be appointed to her seat and the Senate would flip to GOP control. At that point, Biden’s entire agenda would grind to a halt, as would filling any judicial vacancies.

But it’s California, you might say — is a Republican really going to be elected governor? Probably not, but you never know. Nobody thought a Republican could win the job the last time a Democratic governor got recalled either, but it happened: In 2003, Gray Davis was booted and Arnold Schwarzenegger became governor.

So if Feinstein retires now, Newsom can appoint one of the many younger, dynamic California Democrats to her seat, and it will be safe.

Breyer and Feinstein have to answer the same question: Given our contemporary political reality, and the risks posed by them continuing in their job, what’s the most good they can do?

Breyer has to acknowledge that he’s no less a political actor than any politician, and his decision has the most profound political consequences. Feinstein has to acknowledge that after a long and distinguished career she’s made all the contributions she can. Both of them can make their final act in office one of the greatest import and selflessness. History will thank them.