Supreme Court Justice Stephen Breyer To Retire Thursday

Topline

Supreme Court Justice Stephen Breyer will retire on Thursday, he informed the White House, bringing his decades-long tenure on the court to an end as the court wraps up a controversial term that saw Breyer’s conservative-leaning colleagues rolling back protections for firearms and the separation of church and state and overturning Roe v. Wade.

Key Facts

In a letter to President Joe Biden, Breyer said his retirement will be effective as of Thursday at noon Eastern time, after the court issues its remaining two opinions on Thursday at 10 a.m.

Breyer had previously announced his impending retirement in January, saying he would retire at the end of the court’s term assuming his successor had been confirmed—as Judge Ketanji Brown Jackson has now been.

The justice, who will have served on the Supreme Court for more than 25 years, heard his final case in April, and likely delivered his final majority opinion for the court Wednesday in Torres v. Texas Department of Public Safety, a case concerning state sovereignty.

Breyer’s colleagues offered praise for the 83-year-old justice in statements released Wednesday, with Chief Justice John Roberts describing him as “a tireless and powerful advocate for the rule of law” and Justice Brett Kavanaugh saying Breyer “has made the Court and America better.”

It’s still unclear when exactly Jackson will be sworn in as Breyer’s successor on the court, but she will be sworn in before the court’s next term starts in the fall, becoming the first Black woman to ever serve on the high court.

What To Watch For

Before Breyer retires, 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. His retirement 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)