On January 27, 2022, Justice Stephen Breyer announced his retirement from the U.S. Supreme Court, concluding a distinguished career that spanned nearly three decades. Appointed by President Bill Clinton in 1994, Breyer’s retirement marks the end of an era, one where his pragmatic, intellectual approach shaped pivotal rulings. At the age of 83, Breyer chose to retire while the Democratic Party controlled both the executive and legislative branches, ensuring that his successor would be nominated and confirmed under favorable conditions. His decision came at a critical juncture in American politics and law, ushering in a new phase for the Court.
A Legacy of Practical Liberalism
Throughout his tenure on the Supreme Court, Breyer established himself as a steadfast advocate for liberal values. His jurisprudence reflected a commitment to progressive causes such as abortion rights, voting protections, affirmative action, and environmental regulation. However, what set Breyer apart from many of his colleagues was his insistence on the importance of judicial restraint. He believed that judges should not only interpret the law through the lens of constitutional theory but should also consider the real-world consequences of their decisions. This pragmatic approach meant that Breyer frequently emphasized practicality over ideological purity, seeking clarity and consensus in his opinions.
Breyer’s voice was often a moderating force within the liberal wing of the Court. Rather than engaging in ideological confrontations, he sought to build consensus on complex legal issues. He was deeply concerned with maintaining public trust in the judiciary and routinely warned against the increasing politicization of the Court. His eloquent dissents, such as those opposing the gutting of voting rights or limits on abortion access, resonated far beyond the Court, adding depth to the national conversation on justice and fairness.
The Politics of Retirement
Breyer’s decision to retire in 2022 carried significant political ramifications. At a time when the Court’s ideological balance was at stake, his retirement presented an opportunity for President Joe Biden to fulfill a campaign promise: to nominate the first Black woman to the Supreme Court. This historic commitment was part of Biden’s broader efforts to promote diversity and inclusion in the federal judiciary. By stepping down while Democrats controlled the Senate, Breyer gave Biden the chance to reshape the Court in a meaningful way, with lasting implications for the nation.
Among the front-runners for Breyer’s seat was Judge Ketanji Brown Jackson, a judge on the D.C. Circuit Court of Appeals. Jackson’s career as a public defender, combined with her deep legal expertise, made her a transformative nominee. Her eventual confirmation would not only be a moment of historic achievement but also signal a broader shift toward more inclusive representation on the Court. Jackson’s confirmation would help diversify the composition of the judiciary, addressing long-standing calls for greater representation of marginalized groups in American legal institutions.
The Court’s Future and Breyer’s Enduring Influence
Justice Breyer’s departure marked a significant turning point in the history of the U.S. Supreme Court. Yet, even in retirement, Breyer’s influence remains. His retirement letter, which reflected both gratitude and humility, highlighted the profound honor he felt in serving the nation. He expressed his hope that the transition would be as smooth and apolitical as possible, underscoring his belief that the Court should remain an institution rooted in fairness and reasoned judgment rather than partisan conflict.
Though Breyer’s time on the bench has concluded, his intellectual legacy endures. His opinions, particularly those advocating for judicial restraint and the careful balancing of legal principles with real-world impact, will continue to inform debates over the Court’s role in American society. As the Supreme Court grapples with contentious issues in the years to come, Breyer’s legacy will likely serve as a touchstone for future generations of legal minds.
In stepping down, Breyer not only secured a significant legacy for himself but also set the stage for a new chapter in the Court’s history. With a new generation of justices and legal thinkers poised to shape the nation’s future, Breyer’s retirement has opened the door for a more inclusive and diverse judiciary, one better equipped to tackle the challenges of a rapidly changing society.