After months of public speculation, 83-year-old Supreme Court Justice Stephen Breyer, whose vote was consistently liberal, does plan to retire. His strategic timing will allow President Biden to nominate his replacement. Although this won't shift the 6–3 conservative majority balance, it will allow Democrats to seat a much younger justice who could potentially serve for decades to come.
From The Hill:
The development, which was first reported by NBC News, comes amid a blockbuster term which could see the justices rein in federal abortion rights enshrined in Roe v. Wade and expand the Second Amendment.
The timing of Breyer's departure is consistent with the modern trend of Supreme Court justices stepping down when the White House is controlled by the same party behind their nomination, a dynamic known as "strategic retirement."
With Democrats holding a razor-thin majority in the Senate, the question of Breyer's possible retirement had gripped Washington, particularly liberal activists and progressive lawmakers.
Many liberals had pointed to the late Justice Ruth Bader Ginsburg's death in September 2020 and subsequent confirmation of conservative Justice Amy Coney Barrett in the waning days of the Trump administration as a cautionary tale for Breyer, and urged him to avoid what they view as Ginsburg's severe miscalculation. …
The White House, for its part, had sought in public remarks to avoid any appearance of the president wielding influence over Breyer's decision.
At the same time, though, President Biden has made no secret of his desire to diversify the bench, pledging during the 2020 campaign to nominate the first Black female Supreme Court justice. Many believe that among his short-listers is Judge Ketanji Brown Jackson, a former Breyer clerk who was recently confirmed to the D.C. Circuit Court of Appeals.
Breyer plans to remain on the job until his replacement is confirmed at the end of the term.
