Supreme Court Justice Stephen Breyer ended speculation by liberals that his seat could soon be filled as he has said he has not decided when he will retire, according to an exclusive report released on Thursday morning.
In an interview with CNN legal analyst and Supreme Court biographer Joan Biskupic, Breyer directly responded, “No,” to whether he has decided when he will step down as justice.
The 82-year-old Breyer has served on the court since 1994, currently serving as the senior liberal justice among the court’s nine members.
A Younger Justice Needed?
“With Breyer’s 83rd birthday approaching in August, there are liberals – including some of his own former clerks – who would like to see him step down sooner than later, while Democrats are still in control of the White House and Senate and can easily confirm a young liberal replacement,” Fox News reported on Thursday.
The news continues to concern many on the left who desire to fill Breyer’s seat with another liberal while Biden is in office and Democrats control power in the Senate.
University of Colorado, Boulder law professor Paul Campos, in a March 15 opinion piece for The New York Times, contended that “Breyer should retire right now.”
“Justice Ruth Bader Ginsburg was widely, and deservedly, criticized for her refusal to retire from the Supreme Court at a time when a Democratic president could have chosen her replacement,” Campos wrote.
“The evident indifference on the part of Democrats regarding the failure of Justice Breyer, 82, to announce his retirement is apparently a product of the assumption that he will do so at some point during the current Congress and that therefore whether he does so anytime soon is not particularly important,” the professor wrote.
“This is a grave mistake,” Campos added.
New York Democratic Rep. Alexandria Ocasio-Cortez said earlier in July that she was “inclined to say yes” when asked whether Breyer should retire.
The leftist lawmaker made the remarks during an interview on CNN’s “State of the Union.”
“You know, I — it’s something that I’d think about but I, I would probably lean towards yes. But yes, you’re asking me this question so I’ve just, I would give more thought to it, but, but I’m inclined to say yes,” Ocasio-Cortez said.
Breyer has decided to stay for now, but calls for his retirement will likely continue as Democrats face concerns to control the Senate following the 2022 midterm election.