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Some liberal activists have urged Breyer to retire soon so
President Joe Biden can appoint a younger successor who could
serve for decades in the lifetime post. Biden's fellow Democrats
narrowly control the U.S. Senate, which has confirmation power
for nominees to the federal judiciary.
Asked if he has decided whether to step down, Breyer told CNN
https://www.cnn.com/2021/07/15/politics/stephen-breyer-retirement-plans/index.html
in the interview conducted on Wednesday, "No."
Breyer, speaking from his summer retreat in Plainfield, New
Hampshire, cited two top considerations.
"Primarily, of course, health," Breyer said. "Second, the
court."
Breyer, who has served as a justice since 1994 and will turn 83
in August, has remained mum about his plans since the court
finished its latest nine-month term this month. He said in an
April speech it is important for justices not to appear driven
by political considerations. The court's next term opens in
October.
Republicans are seeking to regain control of the Senate in the
2022 congressional elections.
Conservatives hold a 6-3 majority on the court after Biden's
Republican predecessor Donald Trump appointed three members in
his four years in office, including naming conservative Justice
Amy Coney Barrett to the court after the death last September of
liberal Justice Ruth Bader Ginsburg.
If Biden gets the chance to name Breyer's successor, it would
not change the court's ideological balance. Biden has pledged to
nominate a Black woman to fill any Supreme Court vacancy, a
historic first.
During the court's most recent term, Breyer authored a June 17
ruling rejecting a Republican bid to invalidate the Obamacare
healthcare law as well as a June 23 ruling in a major free
speech case involving a high school cheerleader.
Some Democrats are worried that if Breyer does not retire while
the Democrats control the Senate, Republicans could block
confirmation of his successor or a future Republican president
could name his replacement and shift the court even further to
the right.
Senate Republican Leader Mitch McConnell has said he would aim
to block any Biden nominee in 2024, and could raise issues if a
Supreme Court vacancy opened in 2023, saying last month: "Well,
we'd have to wait and see what happens."
(Writing by Susan Heavey; Editing by Will Dunham)
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