Justice Stephen Breyer to Retire

UpstateNYer / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0)

This story is breaking and will be updated with more information as it becomes available.

On Wednesday, Supreme Court Justice Stephen Breyer announced he is retiring from the bench.

Collection of the Supreme Court of the United States, Photographer: Steve Petteway, Public domain, via Wikimedia Commons

Breyer has been a consistently liberal voice to the bench in the more than two decades he has served on the Supreme Court. His retirement comes amid a push from Democrats for him to step down to give President Biden a chance to nominate a new justice to the bench in a 6-3 conservative majority court.

The 83-year-old justice was nominated to the bench by President Bill Clinton.

The Hill reports:

The timing of Breyer’s departure is consistent with the modern trend of Supreme Court justices stepping down when the White House is controlled by the same party behind their nomination, a dynamic known as “strategic retirement.”

With Democrats holding a razor-thin majority in the Senate, the question of Breyer’s possible retirement had gripped Washington, particularly liberal activists and progressive lawmakers.

Many liberals had pointed to the late Justice Ruth Bader Ginsburg’s death in September 2020 and subsequent confirmation of conservative Justice Amy Coney Barrett in the waning days of the Trump administration as a cautionary tale for Breyer, and urged him to avoid what they view as Ginsburg’s severe miscalculation.

“I’m sure Breyer realizes what a blow Justice Ginsburg’s non-retirement was to the possibility of ever having an even mildly progressive Court in our lifetime,” Dan Kobil, a law professor at Capital University, told The Hill in a previous interview. “And that describes Breyer — mildly progressive.”



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