WASHINGTON, DC - APRIL 23: Associate Justice Stephen Breyer sits during a group photo of the Justices at the Supreme Court in Washington, DC on April 23, 2021. (Photo by Erin Schaff-Pool/Getty Images) Breyer and Justice Ruth Bader Ginsburg resisted calls to step down the last time Democrats controlled Congress and the White House, when Barack Obama was president.
Then, Ginsburg died less than two months before Biden’s election.The Associated Press reported two sources knew of Breyer’s retirement and spoke on condition of anonymity so as not to preempt Breyer's eventual announcement.
News of an announcement from Breyer has not yet been made public.Breyer has been a pragmatic force on a court that has grown increasingly conservative in recent years, trying to forge majorities with more moderate justices right and left of center.Breyer’s departure, expected over the summer, won’t change the 6-3 conservative advantage on the court because his replacement will be nominated by Biden and almost certainly confirmed by a Senate where Democrats have the slimmest majority.
It also makes conservative Justice Clarence Thomas the oldest member of the court at 73.Nine justices make up the Supreme Court, with one Chief Justice and eight Associate Justices.Biden pledged during his campaign to name the first Black woman to the high court, but there was no immediate word on possible nominees.