FOLLOW US

Mon

August 24, 2026

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

0 Comments

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."

Likely contenders include U.S. Circuit Judge Ketanji Brown Jackson of the Court of Appeals for the District of Columbia, a former law clerk of Breyer's; and Leondra Kruger, a justice on California’s Supreme Court.

Senate Majority Leader Chuck Schumer, D-N.Y., said Biden's nominee will "receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed."

"America owes Justice Breyer an enormous debt of gratitude," Schumer also said.

Supreme court justice with liberal views

Republican Sen. Lindsey Graham of South Carolina, who voted for Justices Sonia Sotomayor and Elena Kagan, said if Democrats "hang together," they have the power to replace Breyer without a single Republican vote.

"Elections have consequences, and that is most evident when it comes to fulfilling vacancies on the Supreme Court," Graham claims.

Breyer was appointed by President Bill Clinton in 1994. He is considered one of the court's moderate-to-liberal members. Breyer has often said it was misleading to label justices as liberal or conservative.

Breyer believes that interpreting the Constitution should be based on practical considerations. And they change with the times.  More conservative justices say the court must be guided by the original intent of the founders.

"The reason that I do that is because law in general, I think, grows out of communities of people who have some problems they want to solve," Breyer said in an interview.

Breyer also wrote the court's opinion striking down a state law that banned some late-term abortions in 2000. And he dissented in 2007, when the Supreme Court upheld a similar federal law passed by Congress. 

He supported civil rights measures, including affirmative action. And in a dissent in 2015, he said the death penalty in America had become so arbitrary that it was probably unconstitutional.

Last term, he authored major opinions to uphold the Affordable Care Act. Also, to affirm free speech rights of students off-campus. And his opinion was adopted to resolve a multi-billion-dollar copyright dispute between two tech titans, Google and Oracle.

Biden will act quickly to nominate a successor Supreme Court Justice for the court's next term which begins October 3rd.

Previous Article

Restraining order for Virginia woman, ‘obsessed’ with Apple CEO Tim Cook

Read More
3297 Posts

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.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 21, 2026
Cook Medical Data Breach Suit Alleges…

Some data breaches happen quietly, discovered only in retrospect. This…

By – Rihem Akkouche
America August 21, 2026
Boy Left on Mount Fuji Alone…

Picture a school essay titled “How I Spent My Summer…

By – Rihem Akkouche
America August 21, 2026
Publix Blueberry Recall Escalates to FDA’s…

A carton of frozen berries sitting quietly in a freezer…

By – Rihem Akkouche
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
Breaking News August 21, 2026
Tyler Duckworth, ‘The Challenge’ Champion, Dies…

 The two-time MTV winner had been in front of an…

By – Ramzi Salem
High Profile Court Cases August 21, 2026
Alex Jones’ $45M Punitive Award Cut…

AUSTIN, Texas — The Texas Third Court of Appeals cut…

By – Michallie Harrison
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Comcast $117.5M Settlement Clears Final Hurdle…

A data breach that touched more than 31 million lives…

By – Rihem Akkouche
America August 20, 2026
Mitsubishi Electric to Acquire PCI Energy…

Mitsubishi Electric Corp. just planted a much bigger flag in…

By – Rihem Akkouche
America August 20, 2026
ISIS New York Capitol Attack Plot…

A plan authorities describe as both deliberate and deeply dangerous…

By – Rihem Akkouche
America August 20, 2026
KKR’s $9B UGI Bid Headlines a…

Wall Street’s rumor mill never really sleeps, but this week…

By – Rihem Akkouche
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 18, 2026
Penn State Cocaine Ring Used Pledges,…

HARRISBURG, Pa. — Fourteen people face charges in an alleged…

By – Michallie Harrison
America August 18, 2026
Homewrecker Lawsuit Puts North Carolina’s Rare…

Former Sen. Kyrsten Sinema is at the center of a…

By – Jackie Allen
America August 20, 2026
California AB 2624 Reaches Newsom as…

INSIDE THIS REPORT AB 2624 would protect threatened immigration-service workers.…

By – Samuel Lopez
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter