Justice Breyer Set To Retire

Long time Supreme Court justice Stephen Breyer announced his retirement in January leaving lingering questions as to his new replacement. Bryer is not just the oldest Supreme Court justice at 83 years old, he is the only non-Christian, and only one of two non-Catholic justices—the other being Neil Gorsuch, who was raised Catholic and now practices in the Episcopal Church.

Breyer has become the topic of controversy lately as he has been called on to retire following the election of Pres. Joe Biden. Activists hope that Breyer’s retirement will allow for the nomination of a younger justice that would secure a liberal spot on the court. Court reform advocacy groups such as Demand Justice have been on the forefront of lobbying Breyer to call it quits. Demand Justice’s Executive Director Brian Fallon said that “Justice Breyer’s retirement is coming not a moment too soon, but now we must make sure our party remains united in support of confirming his successor.” 

Breyer, who is a longtime institution of the court, was given accolades by his colleagues upon his announcement of retirement. “I admire Steve Breyer for many reasons, not least of which is his judicial temperament. Steve feels passionately about the law, as his many writings reflect. Yet his passion never manifests itself in anger. Both in print and in person, Steve aims to persuade through exuberance rather than bite. He is a model of civility,” said Justice Amy Coney Barrett.

 Now, all eyes are turning to the president as he is set to announce Breyer’s replacement. In the 2020 presidential campaign, Biden pledged to nominate a woman of color to the high court. According to the Associated Press, “Among the names being circulated as potential nominees are California Supreme Court Justice Leondra Kruger, U.S. Circuit Judge Ketanji Brown Jackson, prominent civil rights lawyer Sherrilyn Ifill and U.S. District Judge Michelle Childs, whom Biden has nominated to be an appeals court judge. Childs is a favorite of Rep. James Clyburn (D-SC), who made a crucial endorsement of Biden just before South Carolina’s presidential primary in 2020.”

Breyer’s retirement and replacement is set to usher in a new generation of Supreme Court justices. All of Biden’s speculative picks are young (by Supreme Court standards) and therefore would most likely serve on the court for two decades, thus cementing an enduring progeressive spot on the court. Republicans have taken umbrage with this pottentaly new progressive approach. Florida Senator Rick Scott said that “The Democrats know they will lose the Senate majority in 2022. I predict that [Senate Democratic leader] Chuck Schumer and whoever is running the White House will force all Democrats to obey and walk the plank in support of a radical liberal with extremist views.”

Both parties are now greasing up for an intense political struggle, but all they can do now is wait for the president’s pick. Democrats are anxious to push through a nominee before the 2022 midterms, whereas Republicans are set to scrupulously question and challenge the president’s pick. JB Poersch, the leader of a Super PAC affiliated with senate Democrats suggested the nomination fight may help galvanize Democratic voters in the 2022 midterms, especially if Republicans try to interfere with the nomination process. “We have no room for error,” he said.