Supreme Court Justice Breyer Retiring Thursday—And Ketanji Brown Jackson Will Be Immediately Sworn In

Topline

Supreme Court Justice Stephen Breyer will retire on Thursday and Judge Ketanji Brown Jackson will be immediately sworn in to replace him, ushering in the court’s first Black female justice—and bringing Breyer’s decades-long tenure on the court to an end as it wraps up a controversial term that saw Breyer’s conservative-leaning colleagues overturning Roe v. Wade.

Key Facts

What To Watch For

Before Breyer retires and Jackson gets sworn in, the court still has two notable opinions left to release. One, West Virginia v. Environmental Protection Agency, will determine how the EPA can regulate greenhouse gas emissions from power plants, potentially hamstringing the federal agency’s ability to fight climate change if the court rules against it. The other, Biden v. Texas, will determine the fate of the “Return to Mexico” immigration policy first imposed by the Trump administration, which the Biden administration has tried to get rid of but Republican-led states have fought to keep in place.

Key Background

Breyer was first confirmed to the Supreme Court in 1994 after being appointed by President Bill Clinton, following a legal career that included serving as counsel to the Senate Judiciary Committee, as an assistant special prosecutor on the Watergate scandal and as a judge on the U.S. Court of Appeals for the First Circuit, which President Jimmy Carter appointed him to in 1980. The left-leaning justice came under heavy pressure from the left to step down while Democrats had control of both the White House and Senate to ensure a left-leaning successor could be confirmed, something that he initially refused before announcing his retirement in January. Jackson was then confirmed by the Senate in a 53-47 vote in April. 51-year-old Jackson previously served on the D.C. Circuit Court of Appeals following stints as a federal district judge and a member of the U.S. Sentencing Commission, and she will be both the first Black woman and the first former public defender to serve on the Supreme Court.

Tangent

Breyer’s retirement and Jackson’s ascension to the court comes at a controversial moment for the Supreme Court, as Americans’ trust in the court plunges amid its monumental decision to overturn Roe v. Wade and let states ban abortion. Driven by the court’s conservative majority, the court has also issued rulings in recent weeks that have struck down New York’s concealed carry law, sided with a high school football coach who was punished for publicly praying on the field during games and ruled that Maine must allow state funds to be used to pay for religious schools.

Further Reading

Stephen Breyer To Retire: Supreme Court Justice’s Exit Opens A Seat For Biden—And A Political Battle (Forbes)

Supreme Court Justice Stephen Breyer Hears Last Case Before Retirement (Forbes)

Senate Confirms Ketanji Brown Jackson To Supreme Court (Forbes)