Breyer’s Imminent Retirement From U.S. Supreme Court Sparks Speculation About His Replacement

Photo Credit: Brookings Institution / CC

The Center Square [By Dan McCaleb and Casey Harper] –

Justice Stephen Breyer, the most senior member of the U.S. Supreme Court’s liberal wing, will step down from his post after his replacement is confirmed, multiple national media outlets are reporting.

President Joe Biden will be tasked with nominating Breyer’s successor, who then would face a confirmation hearing in the U.S. Senate. With a 50-50 political split in the Senate (two independents caucus with Democrats), Vice President Kamala Harris could break any ties.

Breyer, at 83 the oldest member of the court, was nominated to the post by former President Bill Clinton and has served since 1994. He is one of three of nine justices on the bench nominated by a Democratic president.

White House Press Secretary Jen Psaki said the administration had no further information on Breyer’s decision.

“It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today,” Psaki tweeted. “We have no additional details or information to share from @WhiteHouse.”

Justice Breyer is expected to formally announce his retirement from the high court today, January 27th. 

News broke of his imminent retirement Wednesday, setting off a flurry of speculation and political posturing over who would replace the Democrat-appointed justice.

Biden pledged multiple times on the campaign trail to nominate a Black female justice, emphasizing he is “looking forward to making sure there’s a Black woman on the Supreme Court.”

***Click HERE to support Conservative Journalism in Tennessee. We can’t bring you articles like this without your support!***

Analysts have circulated several names, including D.C. Circuit Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger, and South Carolina District Judge J. Michelle Childs.

“Number one, I am committed that if I’m elected president and have an opportunity to appoint someone to the courts, I’ll appoint the first Black woman to the courts,” Biden said in March 2020. “It’s required that they have representation now. It’s long overdue.”

Shannon Bream, a host at Fox News, tweeted Wednesday that Breyer had not intended to announce his retirement yet and was “surprised” by the revelation.

“Why are political operatives in the White House trying to bully Justice Breyer into retirement?” said U.S. Sen. Ted Cruz, R-Texas, raising speculations about the motive and source of the leaked news.

The speculation highlights a deadline for Democrats. With the possibility of ceding control of the Senate to Republicans in November, Democrats will likely need to get their nominee through the approval process before the midterm elections. The Senate must ratify any Biden appointment to the bench with a simple majority.

“I can’t imagine why Senate Republicans would agree to move on Biden’s replacement for Breyer until after the November elections,” said Tom Fitton, head of Judicial Watch.

The rumors continued inside Washington, with others speculating that Vice President Kamala Harris could become the nominee, though the White House has given no credence to that idea.

In response to those rumors, White House Press Secretary Jen Psaki was asked if Harris’ nomination was a possibility during the White House press briefing Wednesday.

“Again, I’m not going to speak to any considerations, preparations, lists,” Psaki responded. “And as we’ve stated earlier, and as you heard the president say, there is a long history of Supreme Court Justices determining when they will retire, if they will retire, and announcing that and that remains the case today.”

The Breyer news comes on the heels of a few major rulings from the Supreme Court, including its decision to block Biden’s vaccine mandate for private employers with at least 100 employees.

Notably, the court is considering an abortion case that some say could lead to the reversal of Roe v. Wade, upending federal abortion law and sending the power of abortion lawmaking back to the states.

While several Republicans are expected to vote against the nomination, moderate Democrats like Sens. Joe Manchin, D-W.V., and Kyrsten Sinema, D-Ariz., will be closely watched. They have shut down other parts of Biden’s agenda, including his push to axe the filibuster to push through a federal takeover of state elections.

“I take my Constitutional responsibility to advise and consent on a nominee to the Supreme Court very seriously,” Manchin said Wednesday. “I look forward to meeting with and evaluating the qualifications of President Biden’s nominee to fill this Supreme Court vacancy.”

Some Republicans called on Biden to use the nomination to extend an olive branch to the other side.

“Moment of truth for Joe Biden. Will this deeply unpopular & divisive president finally reject the radical elements of his party and nominate someone who loves America and believes in the Constitution?” Sen. Josh Hawley, R-Mo., wrote on Twitter. “Or will he continue to tear apart this country w/ a woke activist?

“If he chooses to nominate a left wing activist who will bless his campaign against parents, his abuse of the FBI, his refusal to enforce our immigration laws, and his lawless vaccine mandates, expect a major battle in the Senate,” Hawley added.

“I’m sending my sincerest thanks to U.S. Supreme Court Justice Stephen Breyer for his many years of service to our country,” said Rep. Jim Langevin, D-R.I.

About the Author: Dan McCaleb is a veteran editor and has worked in journalism for more than 25 years. Most recently, McCaleb served as editorial director of Shaw Media and the top editor of the award-winning Northwest Herald in suburban Chicago. McCaleb  is the executive editor of The Center Square. He welcomes your comments. Contact Dan at dmccaleb@thecentersquare.com.

About the Author: Casey Harper, The Center Square D.C. Bureau Reporter – charper@centersquare.com ~ Harper is a Senior Reporter for the Washington, D.C. Bureau. He previously worked for The Daily Caller, The Hill, and Sinclair Broadcast Group. A graduate of Hillsdale College, Casey’s work has also appeared in Fox News, Fox Business, and USA Today.