already out of the barn. and ironically, what's this potential nomination offers is something of a political gift to joe biden. he has an opportunity to name at the first black woman to the united states supreme court at a time when his administration has really been battered and bruised. so, ironically enough, stephen breyer has managed to not be a political, but rather perhaps deliver the president the greatest political gift of all. >> it is a good point. the timing here is -- in that regard. and one of the background stories that i think has not gotten a lot of attention, brian, is just how successful the biden administration and senate democrats have been in judicial confirmations. biden's 42 first year appointees are going to outnumber all of president kennedy's. it is already a record setting pace. and also, they've been very intentional about diversifying the federal bench that the last president was doing the opposite with.