Supreme Court Justice Stephen Breyer Says He Hasn't Decided Whether To Retire

Justice Stephen Breyer has addressed calls by progressive politicians to resign from the U.S. Supreme Court to allow President Joe Biden to appoint a younger liberal judge by stating he hasn't decided on when he will retire.

What Happened: In a CNN interview, Breyer was directly asked if he considered when he would leave the bench and he answered, “No.” He clarified that there were two key factors that would shape any retirement considerations.

"Primarily, of course, health," said Breyer. "Second, the court."

Breyer turns 83 next month and has been on the court since he was nominated by President Bill Clinton in 1994; only Justice Clarence Thomas, who joined the court in 1991, has served longer.

Unlike elected officials, Supreme Court justices are given lifetime appointments. Some, most recently Anthony Kennedy in 2018, voluntarily retire while others, including Antonin Scalia and Ruth Bader Ginsburg, died while still serving. The departures of Kennedy, Scalia and Ginsburg resulted in vacancies filled by President Donald Trump, which resulted in the court’s 6-3 split between traditionally conservative and traditionally liberal judges.

What's Next: Breyer had previously raised the subject of retiring in a December interview with Slate, saying, “Eventually I’ll retire, sure I will. And it’s hard to know exactly when.”

The pressure by progressive politicians to speed Breyer’s retirement began with the start of the Biden administration and the 50-50 partisan split in the U.S. Senate, which confirms all judicial appointments.

Those calling for Breyer's resignation have argued there is the possibility that a GOP majority would block President Biden’s efforts to put liberal judges on the court if the Republicans regain the Senate in the 2022 election, thus creating a repeat of the 2016 situation when the Republican-controlled Senate refused to consider President Barack Obama’s nomination of Merrick Garland to the court to fill the vacancy created by Scalia’s death; Garland became U.S. Attorney General earlier this year.

However, Breyer insisted on minimizing political differences among the justices, noting that he approaches their discussions of pending cases with a willingness to compromise.

"You have to figure out what you're going to say in conference to a greater extent, to get it across simply," Breyer said. "You have to be flexible, hear other people, and be prepared to modify your views. But that doesn't mean (going in with) a blank mind."

Photo: The World Affairs Council of Philadelphia, Wikimedia.