Supreme Court releases letter Breyer sent Biden about retirement plans

[BumRushDaShow]

Source: Washington Post

Breyer told Biden in a letter released Thursday that he intends to retire at the end of the term, assuming his replacement is nominated and confirmed.

The news of Breyer’s plan leaked Wednesday, and the White House has been reticent to discuss it until he makes it official.

Throughout 14 years as an appellate judge and nearly 28 years at the Supreme Court, “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,” Breyer wrote in the two-paragraph letter.

“I have found the work challenging and meaningful. My relations with each of my colleagues have been warm and friendly,” he wrote.

Read more: https://www.washingtonpost.com/politics/2022/01/27/stephen-breyer-supreme-court-retire-live-updates/#link-MQ76MQHIZZHHBGA5FENBLWI7JY

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Now official - the letter has been submitted.

From the SCOTUS website -

For Immediate Release For Further Information Contact:
January 27, 2022 Patricia McCabe [phone]



Justice Breyer has today sent the attached letter to the White House notifying President Biden of his retirement from the Supreme Court.

Justice Breyer was nominated by President Clinton and took his oath of office on August 3, 1994.

https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-27-22

Copy of letter (PDF) - https://www.supremecourt.gov/publicinfo/press/Letter_to_President_January-27-2022.pdf

[IllinoisBirdWatcher]

1. K & R - Thanks for this post and THANK YOU for your service, Justice Breyer. N/T

[Calista241]

2. So his retirement is effective at the end of the current term.

In June most likely. Anyone confirmed by the Senate won’t “start” until the next term begins, most likely in October.

[BumRushDaShow]

3. I think I read earlier that this is what they have "traditionally" done

assuming someone is "ready" to step in after a retirement, although they can and have started "earlier" because although they are not actively hearing cases, they do get petitions year round.

In the case of Sotomayor, when Souter announced his retirement effective at the end of that year's term, Sotomayor was nominated, confirmed, and actually sworn in that August 2009 and started serving right away. The same happened with Kagan when Stevens retired at the end of that year's term in 2010., starting work in August before the "official" start of the new term.

But going forward, there were the odd circumstances that arose.

Since Turtle held up Garland for a year to ditch that nomination and replace with another, Gorsuch wasn't sworn in until April 2017 right after he was nominated and confirmed, literally 14 months after Scalia bought the farm. Kavanaugh was nominated in July 2018 after Kennedy stepped down, and was confirmed/sworn in a few days after the start of the term in Oct 2018. Barrett was sworn in at the end of October 2020, a month or so after Ginsburg passed away, and a few weeks after the official start of the term.

[Calista241]

4. Yeah, I just don't think whoever it is, is going to have the ability to weigh in on cases currently

being considered by the court. Like the NY State Rifle & Pistol v Bruen, or Dobbs v Jackson Women's Health Org. Those opinions will all come out with Breyer's name on it.

[BumRushDaShow]

5. Right - he is not leaving until they are "done" anyway

But the court did take up a whole slew of what will probably be considered "historic" subjects for this fall and the new Justice will most likely be there for those arguments.