Supreme Court Justice Stephen Breyer To Retire: What You Need To Know

Justice Stephen Breyer is expected to announce his retirement from the U.S. Supreme Court, which will provide President Joe Biden with his first opportunity to nominate a judge to serve on the nation’s highest court.

What Happened: Breyer, who is among the court’s liberal judges, was appointed by President Bill Clinton in 1994. According to combined media reports, the 83-year-old Breyer informed Biden of his decision last week and could publicly announce his retirement as early as Thursday, with the intention of staying on the court until the conclusion of its current term.

Over the last year, Breyer had come under pressure from several progressive politicians to step down and allow the president to nominate a younger judge who has the potential to reshape the judiciary for decades to come. Breyer pushed back at those demands, although he added he has no plans to stay on the court until his death.

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What Happens Next: Breyer’s departure will not reshape the balance of the court, which has a 6-3 majority of conservative judges appointed by Republican presidents. However, it would provide Biden with the opportunity to fulfill a campaign promise and appoint the first Black woman to the court.

The U.S. Senate requires a simple majority to confirm a Supreme Court nominee. Thus, Biden would need the support of all 50 Democratic senators to approve his pick, along with the input of Vice President Kamala Harris to cast a tie-breaking vote in the event that all 50 Republican senators come out in opposition of the candidate.

Photo: Brookings Institute/Flickr Creative Commons