On January 27, 2022, Justice Stephen Breyer announced his retirement from the U.S. Supreme Court, marking the conclusion of an illustrious career that spanned nearly three decades. Appointed to the Court by President Bill Clinton in 1994, Breyer’s departure represents the closing of a chapter in the Court’s history. His pragmatic approach and commitment to judicial restraint shaped numerous significant rulings over the years. At 83, Breyer’s decision to retire while the Democratic Party held control of both the executive and legislative branches allowed for the appointment of his successor under more favorable circumstances. This retirement came at a critical time for the nation, signaling the dawn of a new era for the Supreme Court.
Breyer’s Practical Liberalism and Judicial Philosophy
Justice Breyer’s legacy is defined by his strong advocacy for liberal causes, such as voting rights, environmental protections, affirmative action, and reproductive rights. However, it was his unique approach to judicial decision-making that truly set him apart. Breyer emphasized judicial restraint, arguing that judges should not only interpret the law through constitutional theory but also account for the practical, real-world effects of their rulings. Unlike some of his more ideologically driven colleagues, Breyer sought to find common ground, often steering the Court toward pragmatic solutions rather than ideological purity.
His emphasis on practicality led him to favor decisions that balanced legal principles with tangible consequences. Breyer’s approach to law was grounded in a belief that the judiciary should remain responsive to the needs of society, avoiding the extremes of political ideology. His moderate stance within the liberal wing often placed him at odds with more dogmatic voices, but his efforts to build consensus played a crucial role in shaping important decisions. His dissents, particularly those opposing measures that curtailed voting rights or limited abortion access, sparked national conversations and deepened the public’s understanding of justice.
The Politics of His Retirement
Breyer’s retirement, coming at a time when the Court’s ideological balance was being closely scrutinized, had significant political ramifications. President Joe Biden was presented with an opportunity to fulfill a key campaign promise: to nominate the first Black woman to the Supreme Court. This nomination was part of Biden’s broader initiative to diversify the federal judiciary, an effort aimed at making the judiciary more reflective of America’s diversity. By choosing to step down when the Senate was under Democratic control, Breyer effectively ensured that his successor would be chosen in a more favorable political climate, allowing for meaningful change within the Court.
Among the leading 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, with her extensive experience as a public defender and her reputation for deep legal insight, was considered a highly qualified nominee. Her confirmation would not only be a historic moment, breaking barriers in terms of representation, but it would also symbolize a shift towards a more inclusive Court. The addition of Jackson, a woman of color, would help address long-standing calls for greater diversity in the legal profession and ensure a more representative judiciary moving forward.
Breyer’s Enduring Legacy
Though Breyer’s tenure on the Supreme Court officially ended with his retirement, his influence remains felt across the legal community. In his retirement letter, Breyer expressed his gratitude for the opportunity to serve and emphasized the importance of a smooth, apolitical transition. He reiterated his belief that the Supreme Court should remain an institution that prioritizes fairness and reasoned judgment over partisan considerations.
Breyer’s intellectual contributions, particularly his advocacy for judicial restraint and the need to balance legal principles with societal impacts, will continue to inform future debates about the role of the judiciary. As the Court grapples with pressing legal issues, Breyer’s legacy will serve as a touchstone for legal scholars, practitioners, and future justices alike. His efforts to make the Court a less politically polarized institution stand as a reminder of the importance of judicial independence.
In retiring, Breyer not only secured a lasting legacy but also helped pave the way for a more diverse and inclusive Supreme Court. His decision opened the door for new perspectives and voices to join the Court, ensuring that the judiciary remains responsive to the changing needs of society. With a new generation of justices poised to influence the nation’s legal future, Breyer’s retirement marked the beginning of a new chapter in the Supreme Court’s evolution.
