NPR

Justice Stephen Breyer, an influential liberal on the Supreme Court, to retire

Behind the scenes, Breyer, 83, pushed and prodded his fellow justices for consensus. His decision gives President Biden his first opportunity to name a new justice to the court.
Justice Stephen Breyer, photographed in 2015.
Updated January 26, 2022 at 1:19 PM ET

U.S. Supreme Court Justice Stephen Breyer is retiring after serving more than two decades on the nation's highest court, Supreme Court and Biden administration sources tell NPR.

Breyer — professorial, practical and moderately liberal — wrote many of the court's legally important but less glamorous decisions and sought, behind the scenes, to build consensus for centrist decisions on a conservative court.

Breyer's retirement gives President Biden his first opportunity to name a new justice to the court. During the 2020 campaign, he pledged to name an African American woman if he got the chance. The two leading contenders are said to be federal Judge Ketanji Brown Jackson, who was on President Barack Obama's shortlist for the court in 2016, and California Supreme Court Justice Leondra Kruger, who served as assistant, and then deputy solicitor general in both Democratic and Republican administrations prior to her nomination to California's highest court.

Both women are young, in terms of Supreme Court appointment. Brown Jackson is 51 and Kruger is 45. And both have stellar legal credentials.

Breyer's decision to retire is a relief to liberal Democrats after seeing Republicans push through three nominees from President Donald Trump using some unprecedented tactics. Indeed last year, some liberal groups publicly pressed Breyer to retire, even demonstrating in front of the Supreme Court. The justice, however demurred. In he said

You’re reading a preview, subscribe to read more.

More from NPR

NPR1 min read
New Music Friday: The best albums out June 14
This week, NPR Music's Daoud Tyler-Ameen and Ann Powers steer the New Music Friday podcast straight into the oncoming Father's Day weekend, following the lead of country superstar Luke Combs, whose new album Fathers & Sons is a heartfelt meditati
NPR1 min read
How The FBI's Fake Cell Phone Company Put Criminals Into Real Jail Cells
There is a constant arms race between law enforcement and criminals, especially when it comes to technology. For years, law enforcement has been frustrated with encrypted messaging apps, like Signal and Telegram. And law enforcement has been even mor
NPR1 min read
What's With All The Tiny Soda Cans? And Other Grocery Store Mysteries, Solved.
There's a behind the scenes industry that helps big brands decide questions like: How big should a bag of chips be? What's the right size for a bottle of shampoo? And yes, also: When should a company do a little shrinkflation? From Cookie Monster to

Related Books & Audiobooks