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USA Herald January 26, 2022 5 mins read

Supreme Court Justice Stephen Breyer set to retire possible Biden appointment

USA Herald ı By Jackie Allen

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supreme court justice

According to inside the Beltway sources Justice Stephen Breyer is planning to retire from the Supreme Court at the end of the current term. After more than 24-years on the bench, the 83-year-old liberal justice is ready to step down.

Breyer’s retirement will allow the president to appoint another liberal justice with a lifetime appointment.

Jen Psaki, White House press secretary tweeted out, saying, "It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today." The White House would have no additional details or information to share, she added.

The President made some brief remarks to the press on Wednesday.  "Let him make whatever statement he's going to make, and I'll be happy to talk about it later," Biden emphasized.

Breyer oldest Supreme court justice 

Breyer is currently the court's oldest member. For months now liberal activists have urged him to retire. Democrats now have the majority in the Senate and the White House. The fear is that Republicans could take over the Senate in November’s midterm elections.

The Democrats contend that the late Ruth Bader Ginsburg remained a Supreme court justice for too long. And with her history of health problems, she should have retired under a Democrat President Obama’s administration.

Breyer is one of the three remaining liberal justices, and his decision to retire after more than 27 years on the court allows President Joe Biden to appoint a successor who could serve for decades. And it would help maintain the current 6-3 split between conservative and liberal justices.

Ginsburg's death from cancer at 87, enabled then-President Donald Trump to appoint her successor, Amy Coney Barrett. Democrats fear the court has been moving more to the right. 

Democrats have been calling for Breyer to retire

While campaigning for the presidency Biden promised to nominate a Black woman to the court.

Recently there have been calls for Breyer to retire. Demand Justice, an ultra-progressive activist group, went so far as to hire a large truck. Then they mounted signs saying "Breyer Retire. It’s time for a Black woman Supreme Court justice."  And drove the truck around DC.

In a Washington Post op-ed last May, Erwin Chemerinsky, dean of the University of California Berkeley School of Law, urged Breyer to retire. He said there are times "when the stewards of our system must put the good of an institution they love, and of the country they love, above their own interests. They have to recognize that no one, not even a brilliant justice, is irreplaceable, and that the risks presented by remaining are more than hypothetical."

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Jackie Allen
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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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