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What does Justice Stephen Breyer’s retirement mean for the Supreme Court?

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Photo by Northeastern University
Stephen Breyer speaks during the 2008 Law School Commencement. Justice Stephen Breyer is retiring from the Supreme Court.

U.S. Supreme Court Justice Stephen G. Breyer, the court’s senior liberal jurist, is reportedly stepping down at the end of the 2021-2022 term. Breyer, 83, who was appointed by former President Bill Clinton in 1994, is the oldest justice on the court, and his retirement would give President Joe Biden a potential opportunity to make good on a campaign promise to nominate a Black woman to fill the seat. 

There are several candidates whose names have been circulating as potential nominees. They include Judge Ketanji Brown Jackson, of the D.C. Circuit, who is considered a leading candidate; Justice Leondra Kruger, of the California Supreme Court; and Judge Michelle Childs, of the South Carolina District Court.

Regardless of whom Biden picks to fill the vacancy, the balance of power will remain unchanged, with conservatives holding six seats to the liberals’ three. But the president’s nomination is sure to encounter resistance from Republican leadership in the Senate, who bent over backwards to ensure former President Barack Obama’s nominee, Merrick Garland, did not even receive a hearing to fill the vacancy created by the death of former Justice Antonin Scalia. 

Continue reading at News@Northeastern.

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