News Analysis Justice Stephen Breyer of the Supreme Court has recently been urged by progressives to retire early from the bench, preferably sooner rather than later, to get another adherent of the living constitution theory onto the bench. While the Supreme Court is often described as split between liberals and conservatives, perhaps a more accurate description would categorize justices as living constitutionalists or originalists, with Breyer in the living constitution camp. In 2024 Breyer will be 86 years old. His death during a potential Republican White House could add another constitutional originalist to the bench making the constitutional interpretive split 7-2. Progressives are urging Justice Breyer’s retirement to avoid what happened last fall when the late Justice Ginsburg passed away prior to the 2020 presidential election, and Justice Amy Coney Barrett quickly replaced her on the bench. President Obama appointed the last two progressive Supreme Court Justices in 2009 and …