"If this decision doesn't cry out for that, I don't know what does," the Democratic senator said after the conservative Supreme Court allowed the law to go into effect.
The 83-year-old said in a new interview that he is struggling to decide when he should step down from the Supreme Court.
Liberal groups have urged the justice to leave the bench in time for President Joe Biden to be able to name a replacement.
There is no vacancy. But progressives have been urging Justice Stephen Breyer to step down so President Biden can pick his replacement.
His timing has serious implications for the Supreme Court's ideological balance, but it doesn't seem like the pressure is getting to him.
"President Biden must have the opportunity to nominate a successor without delay," reads their ad.
Democrats have a window to potentially fill a Supreme Court vacancy. But it may be even narrower than they think.
“I wouldn’t presume to tell a Supreme Court justice to retire but he more than anyone knows the political reality,” Sen. Richard Blumenthal said.
There is no new date set for the postponed arguments.
Chief Justice John Roberts may hold the key vote.