U.S. Supreme Court Justice Stephen Breyer has announced that he will be retiring from his judicial duties, which will take effect when the court enters summer recess, as long as a successor has been approved, he told President Joe Biden on Jan. 26.
Elected officials in Hawaii have expressed their appreciation for Breyer’s service and urged Biden to find a worthy replacement.
“Mahalo, Justice Breyer, for 27 years of exceptional service and dedication on the Supreme Court,” Rep. Kaiali’i Kahele (D-HI) posted on his Facebook page Jan. 26. “With his retirement, I look forward to POTUS nominating a replacement who will reflect the virtues of our nation and full equality under the law.”
Breyer, 83, is the oldest member of the Supreme Court and was nominated by President Bill Clinton to take the seat of associate justice of the Supreme Court in 1994. He said in the letter that he has “enormously appreciated” being a part of the federal judiciary, which entailed 14 years as a Court of Appeals Judge and nearly 28 years on the Supreme Court.
“I have found the work challenging and meaningful,” Breyer wrote in his retirement letter. “My relations with each of my colleagues have been warm and friendly. Throughout, 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.”
According to NBC News, Breyer entered the Supreme Court as one of the more moderate-to-liberal members. He felt that the Constitution should be interpreted based on practical considerations that change with the times, which often placed him in disagreement with more right-leaning justices. He was known to support affirmative action and other civil rights concepts, and in 2015 he said the death penalty was “probably unconstitutional.”
Democratic activists have called for Breyer’s retirement while the Democrats hold the White House and Senate, which is subject to a potential change after the November midterm elections.
With Breyer stepping down, a Biden appointment would keep the seat on the left side of the aisle. This would be a stark difference from when Justice Amy Coney Barrett was nominated by former President Donald Trump following the death of liberal Justice Ruth Bader Ginsberg. Barrett's nomination pushed the Supreme Court to the right in a six-three split.
Biden has repeatedly said that he plans to nominate a black woman to the Supreme Court. Many Democrats have called for Biden to be true to his word.
Senate Majority Leader Chuck Schumer (D-NY) said Biden’s nominee will be “considered and confirmed by the United States Senate with all deliberate speed," adding that a replacement is expected to be set before the court is back in session in October.