Supreme Court Justice Stephen Breyer gave a one word answer when asked if he had plans to retire – and it wasn’t the word liberals were hoping to hear.
“No.”
In an exclusive interview with CNN, Breyer “brushed aside questions about the timing of a [retirement] decision,” but said it depends “primarily” on his health and “second, the court.”
Breyer, who turns 83 next month, has been the subject of a pressure campaign designed to get him to vacate his seat while Democrats still control the judicial confirmation process. If he dithers, Republicans can take control of the Senate in the 2022 midterms and block President Joe Biden’s picks for the high court. Even a sudden death – or scandal – imperils the Democratic majority in the upper chamber. (The average age of a U.S. Senator is 63).
After the passing of liberal standard bearer Ruth Bader Ginsberg, Breyer seems to be enjoying his new status as the most senior member of the court’s left-leaning faction. More from CNN:
Breyer said his new seniority in the justices’ private discussion over cases “has made a difference to me. … It is not a fight. It is not sarcasm. It is deliberation.”
During the recent session, Breyer assumed a leading role on several major cases, including to reject a third challenge to the Affordable Care Act, to bolster student speech rights, and to give Google a victory in a multibillion-dollar copyright infringement case brought by Oracle.
He also undertook a new role in internal debate, speaking sooner in the justices’ private conferences, steered by the rhythms of seniority.
If Breyer returns to the Supreme Court next year, it would be his 28th year there.
In a recent New York Times ad, 18 legal scholars called for Breyer to step down, writing “It is time for Justice Stephen Breyer to announce his intent to retire from the Supreme Court. Breyer is a remarkable jurist, but with future control of a closely divided Senate uncertain, it is best for the country that President Biden have the opportunity to nominate a successor without delay.”
