On January 27, 2022, Justice Stephen Breyer announced his decision to retire from the U.S. Supreme Court, capping a distinguished career that spanned almost three decades. Appointed by President Bill Clinton in 1994, Breyer’s retirement marked the end of a significant era in the Court’s history. At the age of 83, he chose to step down while the Democratic Party controlled both the presidency and Congress, ensuring that his successor would be appointed under more favorable conditions. His departure came at a crucial moment for the nation, ushering in a new chapter for the Supreme Court.
Breyer’s Approach to Law and His Legacy
Justice Breyer’s legacy is deeply intertwined with his pragmatic approach to judicial decision-making. A staunch advocate for liberal values, he championed causes like voting rights, environmental protections, and reproductive rights. However, it was his distinct judicial philosophy that set him apart. Breyer’s approach was grounded in judicial restraint—he believed that the law should not be interpreted through rigid ideological lenses but instead in a way that considered the practical realities and societal impacts of legal rulings.
Unlike some of his colleagues who adhered to strict constitutional theory, Breyer consistently emphasized the importance of balancing legal principles with real-world outcomes. This practical liberalism often led him to seek consensus on the Court, focusing on practical solutions rather than ideological purity. His moderate stance within the liberal wing of the Court sometimes placed him at odds with more dogmatic figures, but his ability to forge compromises played a pivotal role in numerous significant rulings.
Breyer’s dissents, particularly those opposing measures that restricted voting rights or access to abortion, became important contributions to the national debate on justice. These dissenting opinions helped frame public discussions around crucial legal and social issues, allowing Breyer to shape the discourse even when in the minority. His belief in judicial restraint, paired with a deep sense of duty to the broader societal good, solidified his place as one of the more thoughtful and balanced justices in recent history.
Political Implications of Breyer’s Retirement
The timing of Breyer’s retirement carried substantial political implications. With the Supreme Court’s ideological balance under close scrutiny, Breyer’s decision allowed President Joe Biden to make a significant nomination, fulfilling a campaign promise to appoint the first Black woman to the Court. This move was part of Biden’s broader initiative to diversify the judiciary, an effort that sought to better reflect the diversity of the American population. By retiring while the Senate remained under Democratic control, Breyer set the stage for a more favorable confirmation process, ensuring that his successor would be selected in a climate conducive to meaningful change.
Among the prominent candidates for Breyer’s seat was Judge Ketanji Brown Jackson, a judge on the U.S. Court of Appeals for the District of Columbia Circuit. Jackson, widely regarded for her legal expertise and experience as a public defender, was seen as an ideal candidate to succeed Breyer. Her confirmation would not only break historical barriers but also signal a shift toward a more inclusive and representative Court. With Jackson’s potential appointment, calls for greater diversity within the judiciary would be addressed, bringing new perspectives to the highest court in the land.
Breyer’s Lasting Influence
Though Breyer’s time on the Supreme Court officially ended with his retirement, his influence endures. In his farewell letter, Breyer expressed deep gratitude for his time on the Court and emphasized the importance of ensuring a smooth, apolitical transition. He reiterated his belief that the Supreme Court should prioritize fairness and reasoned judgment over partisan considerations, a sentiment that encapsulated his decades of service.
Breyer’s intellectual contributions, particularly his advocacy for judicial restraint and his focus on the practical impact of legal decisions, will continue to resonate in future legal debates. His emphasis on balancing constitutional principles with the realities of society offers valuable insight for the justices who will follow him. As the Court confronts new legal challenges, Breyer’s legacy will remain a touchstone for those seeking to navigate the complex relationship between law and society.
In retiring, Breyer not only secured a lasting legacy but also paved the way for the appointment of a more diverse and inclusive Court. His decision ensured that the judiciary would evolve, reflecting the changing dynamics of the nation. With a new generation of justices preparing to influence the direction of American law, Breyer’s retirement signaled the beginning of a new era for the U.S. Supreme Court, one marked by fresh perspectives and a renewed commitment to fairness and equity.
