Justice Stephen Breyer To Retire From The Supreme Court? In a move that ensures President Joe Biden will have the opportunity to nominate a successor, liberal US Supreme Court Justice Stephen Breyer is retiring at the end of the term later this year.
Liberal US Supreme Court Justice Stephen Breyer Retiring
Stephen Breyer, a liberal US Supreme Court Justice, is retiring at the end of the term later this year.
This ensures President Joe Biden will have an opportunity to nominate a successor who could serve for decades.
However, Mr Breyer’s replacement will not shift the court’s current 6-3 conservative majority.
It comes as the court considers several hot-button issues on its docket.
Democrats had been pressuring Mr. Breyer – who, at 83, was the oldest justice on the bench – to retire so they could fill the seat while they retained control of the White House and Senate.
Ms. Jackson was confirmed last June to a seat on the US Circuit Court of Appeals for the District of Columbia, in which she succeeded current Attorney General Merrick Garland.
Ms. Kruger, 45, who serves on the California Supreme Court, is another possibility.
This will ensure Mr. Breyer has an opportunity to nominate a successor who could serve for decades.
However, Mr. Breyer’s replacement will not shift the court’s current 6-3 conservative majority.
It comes as the court considers several hot-button issues on its docket.
Democrats had been pressuring Mr. Breyer – who, at 83, was the oldest justice on the bench – to retire so they could fill the seat while they retained control of the White House and Senate.
Mr. Obama has expressed his preference for Ms. Kagan, a former law clerk to Supreme Court Justice Thurgood Marshall and US solicitor-general under his administration, on several occasions.
In March, Mr Biden told CNN that “no single individual [on the current court] is as qualified, as fully prepared” as Ms. Kagan is to serve on the Supreme Court.
If confirmed, Mr. Trump will have appointed two justices and more than 32% of all sitting judges in his first term.
This is compared with Barack Obama’s two appointments and 18% during his first term and George W Bush’s five appointments and 18% during his first term.
Meanwhile, Mr. Trump’s nomination of conservative federal appeals court judge Brett Kavanaugh to replace retired Justice Anthony Kennedy was approved by the Senate on Saturday.
This leaves Justice Kennedy as the only Republican-appointed member of the current bench who has voted consistently with more progressive judges on issues such as abortion rights, affirmative action, and gay rights.
His replacement will likely restore the conservative majority on the bench that existed before Justice Kennedy became a swing vote.
Historically, this has made it difficult for Democratic presidents to both secure the Court’s approval of preferred policies and also to counter increasingly partisan appointments by Republicans, who have taken advantage of the fact that Senate Democrats have no basis to filibuster judicial nominees.
After Mr. Trump took office, Republican lawmakers changed the rules so that only 51 votes are necessary for a nominee to be confirmed, rather than 60 – an approach which was invoked in order to approve Justice Gorsuch’s nomination last year.
With the retirement of Stephen Breyer, President Joe Biden will have an opportunity to nominate a successor who could serve for decades on the liberal US Supreme Court. However, Mr Breyer’s replacement will not shift the court’s current 6-3 conservative majority. It comes as the court considers several hot-button issues on its dockets such as abortion rights and gay rights.
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