Maggie Lo ‘23 | Arjun Bhamra ‘22
Justice Stephen Breyer intends to retire from the Supreme Court of the United States by the end of the term, until his replacement has been nominated and confirmed.
CNN reports that Breyer formally announced his plans to retire in a letter written to President Biden, where he said, “I enormously appreciate the privilege of serving as part of the federal judicial system… Throughout, I have been aware of the great honor of participating as a judge in the effort to maintain our Constitution and the rule of law.”
Photo Courtesy of latimes.com
As explained by CNN, Breyer has served for almost three decades since 1994 when he was nominated by former President Bill Clinton, consistently leaning liberally in decisions. According to NBC News, his retirement allows President Joe Biden to appoint another liberal-leaning justice who would serve for much longer than Breyer could as of now. This appointment would preserve the 6-3 split between conservative and liberal justices.
Charles Bryant, Upper School History Department Chair, comments, “In terms of ideological split, it won’t be particularly momentous, as it’s a democratic president replacing a democratic appointed justice. In practical terms, it’s unlikely we’ll see much change in how the court operates.”
David Mercante, Upper School History Teacher, agrees with Bryant, saying, “It’s always a big deal when there’s a change in the Supreme Court because there’s so few justices, but this particular switch probably won’t change the makeup of the court too much. It’s probably not going to be as contentious as some of the Supreme Court appointments that we’ve seen in the last few years.”
According to CNN, President Joe Biden promises to announce his nominee for the position by the end of February, intending to nominate the first Black woman elected to the Supreme Court. In a speech discussing Breyer’s retirement and the appointment of a new justice, Biden said, “Our process is going to be rigorous. I will select the nominee worthy of Justice Breyer’s legacy of excellence and decency… And that person will be the first Black woman ever nominated to the United States Supreme Court. It’s long overdue, in my view.”
CNN reports that a few potential nominees are DC Circuit Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger, and South Carolina US District Court Judge J. Michelle Childs.
Bryant reflects on Biden’s plan to appoint the first Black women to the Supreme Court, saying, “The fact that Biden promised to have an African American woman as the justice is continuing a trend of making the Supreme Court more representative of the nation, presuming that he will follow through on that promise.” He hopes that Biden’s appointment will continue to focus on data and logic, explaining, “While it is always sad to lose someone who focuses on data, facts, and logic, just because they’re losing someone who relies on those doesn’t mean that the next person will not have these qualities.”
Anika Agarwal ‘23 also supports Biden’s decision. She comments, “I’m really excited that Biden has promised to nominate a black woman to the Supreme Court. I think it’s very vital that the diversity within Americans is reflected in the highest court in the land.”