Supreme Court Justice Stephen Breyer is scheduled to appear on Fox News Sunday in an interview with Chris Wallace, leading to increased speculation about his potential retirement from the nation’s highest court.
Breyer has received numerous requests to retire from the court while President Joe Biden is in office and the Senate is led by Democrats.
The 83-year-0ld Breyer is the oldest member of the court.
The Court Under Trump
During former President Donald Trump’s term, three justices were appointed, leading to a new 6-3 conservative majority in the court.
Amy Coney Barrett was the most recent justice, entering after the death of long-time liberal Justice Ruth Bader Ginsberg.
“It is my honor to name one of our nation’s most brilliant and gifted legal minds to the Supreme Court,” Trump said in the Rose Garden. “She is a woman of unparalleled achievement, towering intellect, sterling credentials and unyielding loyalty to the constitution.”
Supreme Court justices have no term limits. Barrett’s addition could allow a conservative advantage to the court for decades.
Is It Time?
Democrats want to avoid a similar situation in which a liberal justice could be replaced by a conservative justice in the future.
#BREAKING: Supreme Court Justice Stephen Breyer tells NPR he will retire on his own terms.
“When exactly I should retire, or will retire, has many complex parts to it. I think I’m aware of most of them, and I am, and will consider them,” he said. https://t.co/8WqyYV0k6l
— NPR Politics (@nprpolitics) September 9, 2021
Progressive group Demand Justice has also called for Breyer’s retirement. They claim “leading scholars” support the need for his departure.
Leading scholars of the law are speaking up about the need for Justice Breyer to retire. pic.twitter.com/jgolfTqTla
— Demand Justice #ExpandTheCourt (@WeDemandJustice) June 16, 2021
However, Breyer continues to say he will retire on his own terms. His Sunday interview may offer more insight into what Breyer means by the vague statement.