On January 27, 2022, Stephen Breyer officially announced his retirement from the Supreme Court after serving as a justice for 27 years. 

President Joe Biden, honoring Justice Breyer, said, “I’m here today to express the nation’s gratitude to Justice Stephen Breyer for his remarkable career of public service and his clear-eyed commitment to making our country’s laws work for its people.”

As the oldest sitting justice at 83, his retirement is speculated to come with pressure. 

Public opinion quickly turned on Justice Ruth Bader Ginsburg as her death allowed former President Trump to fill her spot with conservative Justice Amy Coney Barrett. This skewed the court even further, putting the ratio of conservative to liberal justices at 6-3. Many on the left argue that had Ginsburg retired during the Obama era, this could have been prevented.

Biden’s appointment would most likely secure a spot for another liberal justice that could serve for potential decades.

Biden has already committed to appointing a woman of color to replace Breyer’s seat, similarly to how he selected Kamala Harris to be his running mate in the 2020 presidential election.

“The person I will nominate will be someone of extraordinary qualifications, character, experience and integrity, and that person will be the first Black woman ever nominated to the United States Supreme Court,” the president stated.

It is also expected that President Biden will follow the precedent of Justice Barret’s swift appointment while the senate remains at a 50-50 split between Democrats and Republicans, who will have to approve Biden’s nominee. In the event of a tie, Vice President Harris, as leader of the senate, will be the deciding vote.

Senate Majority Leader Chuck Schumer stated, “President Biden’s nominee will receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed.”