By Michael Ge
On January 26th, news reports started to circulate that Associate Justice Stephen Breyer was set to announce his retirement from the Supreme Court. The next day at a White House ceremony next to President Biden, Breyer announced his retirement which will take place by the summer. Even before he announced his retirement, there was already extensive speculation about his potential replacement.
At the ceremony, Biden praised Breyer’s service by saying that it was a “remarkable career in public service and his clear-eyed commitment to making our country’s laws work for its people.” Breyer reflected on his tenure by writing, “I have found the work challenging and meaningful.”
Breyer was nominated by President Bill Clinton to the Supreme Court after Justice Harry Blackmum retired in 1994. Then-Senator Joe Biden presided over his confirmation and he was ultimately confirmed with an 87 to 9 vote. Since then, he has earned a reputation as a liberal on the Court, forming a powerful bloc alongside Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Breyer was on the bench for some of the most famous and infamous cases of recent memory, such as Planned Parenthood v. Casey, Bush v. Gore, Citizens United v. FEC, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.
During the 2020 election, Biden committed to nominating an African-American woman to the Supreme Court should a vacancy occur. Now, Biden has stated he will be following through on that promise. Three judges have already been rumored to be on President Biden’s shortlist to replace Breyer. J. Michelle Childs of the South Carolina US District Court, Ketanji Brown Jackson of the US Court of Appeals for the District of Columbia, and Leondra Kruger of the California Supreme Court. If any of them are confirmed, they will become the first African-American woman to be a justice on the Supreme Court.
