After Landmark Roe Reversal, Supreme Court Justice Stephen Breyer Announces Retirement

OPINION | This article contains commentary that reflects the author's opinion.

Effective this Thursday at noon, Supreme Court Justice Stephen Breyer has announced he’s stepping down.

83-year-old Justice Breyer is the second-longest serving active justice. He was appointed by former President Bill Clinton in 1994.

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The liberal-leaning justice recently joined Justices Kagan and Sotomayor by ruling to uphold Roe v. Wade. This effort failed as a majority of justices overturned the decision in a landmark reversal.

Breyer argued that overturning Roe v. Wade would threaten other high court decisions in favor of gay rights and even potentially contraception.

They claimed striking down Roe v. Wade “eliminates a 50-year-old constitutional right that safeguards women’s freedom and equal station.”

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“It breaches a core rule-of-law principle, designed to promote constancy in the law. In doing all of that, it places in jeopardy other rights, from contraception to same-sex intimacy and marriage. And finally, it undermines the Court’s legitimacy.,” they continued.

Joe Biden vowed to replace Breyer by selecting a Black woman for the job.

Biden chose D.C. Circuit Court Judge Ketanji Brown Jackson, who was confirmed for the position by the Senate in April.

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“The Court has announced that tomorrow, beginning at 10 a.m., it will hand down all remaining opinions ready during this Term. Accordingly, my retirement from active service under the provisions of 28 U.S.C. § 371(b) will be effective on Thursday, June 30, 2022, at noon,” Breyer wrote.

That statute allows justices to retain their title but step down from active duty and continue to collect a salary if they reach a certain age and serve for a designated number of years. Breyer, who is 83, is well beyond the required 10 years of service for those who retire at age 70 or older, as he has served on the Supreme Court since 1994.

“It has been my great honor to participate as a judge in the effort to maintain our Constitution and the Rule of Law,” Breyer wrote.

Once Breyer’s retirement is official, she will be able to be sworn in by taking the required constitutional and judicial oaths. In his retirement letter, Breyer noted Jackson’s confirmation, and that he understands that Jackson “is prepared to take the prescribed oaths to begin her service as the 116th member of this Court.”