Justice Breyer to join appeals court in January

By 
 January 3, 2025

Stephen Breyer, a retired Justice of the U.S. Supreme Court, is scheduled to serve a brief period of time at the U.S. Court of Appeals for the First Circuit, in Boston.

Federal appeals from Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island are heard by the First Circuit, as Reuters reported.

The court published a calendar that indicated that "Breyer" would be participating in arguments in numerous cases over the course of two days.

A spokesperson for the court confirmed that the name is indeed that of retired Justice Breyer.

From the Court

“Having sat on the First Circuit for many years, Justice Breyer was invited to return after his retirement from the Supreme Court and he happily agreed,” court spokeswoman Susan Goldberg said Tuesday.

Breyer was appointed to the First Circuit by the late President Jimmy Carter in 1980, as stated in his Harvard Law School biography.

Breyer was appointed chief justice after serving on the bench for a decade. He held this position until 1994, when President Bill Clinton recommended him for a position on the Supreme Court.

He was an associate justice on the nation's highest court until his retirement in 2022. Ketanji Brown Jackson was appointed by President Biden to succeed Breyer.

What He's Doing Now

The justice, who was born in San Francisco and is currently 86 years old, spent a significant portion of his professional career in Boston.

He was a Harvard Law School graduate and served as a member of the faculty from 1967 until his appointment to the First Circuit in 1980. Following his retirement from the Supreme Court after 28 years, he returned to the school as the Byrne Professor of Administrative Law and Process.

“I am very pleased to return to Harvard to teach there and to write,” Breyer said at the time.

“Among other things, I will likely try to explain why I believe it important that the next generations of those associated with the law engage in work, and take approaches to law, that help the great American constitutional experiment work effectively for the American people.”

More From the Court

Breyer is not the first former Supreme Court justice to participate in First Circuit cases, according to Goldberg, the court spokeswoman.

Breyer will hear arguments in nine cases across 11 distinct dockets in total. The appeal of Alan Howell Parrot is a significant highlight case that Breyer will hear arguments for on January 8.

In May, Parrot, a resident of Maine, was sentenced to two years of probation and a $5,000 fine for kicking and assaulting an FBI agent who was executing a search warrant at his residence.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson