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Breyer Worries Retiring Could Add to Polarization. Would It?
The Supreme Court’s oldest justice has hinted that he may decline to step down, defying activists’ pressure. His reasoning would be hotly debated on the left.
Justice Stephen G. BreyerCredit.Erin Schaff/The New York Times
Published May 18, 2021Updated May 19, 2021
When the Senate voted in 1994 to confirm Justice Stephen G. Breyer to the Supreme Court, the final tally was 87 to 9. Though he’d been nominated by President Bill Clinton, a wide majority of Republicans voted in his favor.
Particularly for members of the Senate Judiciary Committee, much of Justice Breyer’s appeal came from his work in the late 1970s as a lead counsel to that committee. In those years, just after the civil rights movement and Watergate, the ideological divide between Democrats and Republicans on many issues was hazy at best, and he developed a reputation for being evenhanded.
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Justice Stephen Breyer (Photo by Chip Somodevilla/Getty Images)
Ed. note: This column represents a combination of two different posts that originally appeared on Original Jurisdiction, the latest Substack publication from David Lat. You can learn more about Original Jurisdiction on its About page, and you can register to receive updates through this signup page.
When will Justice Stephen Breyer retire from the U.S. Supreme Court? It’s a question on the minds of many Americans who understand the power and importance of the Court in resolving some of the most critical issues faced by the country.
At the current time, there’s a 6-3 conservative majority on SCOTUS. If Justice Breyer, 82, were to retire sometime soon, President Joe Biden could replace him with another liberal justice, whom the current Democratic Senate could confirm, God (of the Senate) Joe Manchin willing. But if Justice Breyer decides to stick it out at the Court, and then the Democrats lose the White