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Thursday 27 January 2022
Justice Breyer to retire, giving Biden first court pick

Continued from Front Biden just before South and he sometimes has had Breyer unsuccessfully urged a packed courtroom, an
Carolina’s presidential pri- the air of an absent-mind- his colleagues to return the ad-libbed line that was not
Senate Majority Lead- mary in 2020. ed professor. He taught an- case to the Florida courts part of his opinion.
er Chuck Schumer said Biden has been focused titrust law at Harvard earlier so they could create “a His time working in the Sen-
Biden’s nominee “will re- on filling federal judicial in his professional career. constitutionally proper con- ate led to his appointment
ceive a prompt hearing in nominations with a more He also spent time working test” by which to decide by President Jimmy Carter
the Senate Judiciary Com- diverse group of judges, for the late Sen. Edward the winner. as a federal appeals court
mittee and will be consid- and the Supreme Court Kennedy when the Mas- And at the end of a trying judge in Boston, and he
ered and confirmed by the has not been top of mind sachusetts Democrat was term in June 2007 in which was confirmed with bipar-
full United States Senate during his first year in office, chairman of the Senate he found himself on the tisan support even after
with all deliberate speed.” according to White House Judiciary Committee. That losing end of roughly two Carter’s defeat for reelec-
Republicans who changed aides and allies. A deci- experience, Breyer said, dozen 5-4 rulings, his frustra- tion in 1980. Breyer served
the Senate rules during the sion on a nominee has not made him a firm believer in tions bubbled over as he for 14 years on the 1st U.S.
Trump era to allow simple been made yet, they said, compromise. summarized his dissent from Circuit Court of Appeals
majority confirmation of and is expected to take a Still, he could write fierce a decision that invalidated before moving up to the
Supreme Court nominees few weeks. But Biden has dissents, as he did in the public school integration Supreme Court.
appeared resigned to the expanded his pool of ap- Bush v. Gore case that ef- plans. His 87-9 high-court confir-
outcome. plicants by naming more fectively decided the 2000 “It is not often that so few mation was the last with
Sen. Lindsey Graham of Black women to the bench. election in favor of Re- have so quickly changed fewer than 10 dissenting
South Carolina, the top White House press secretary publican George W. Bush. so much,” Breyer said in votes.
Republican on the Sen- Jen Psaki said on Twitter: “It Breyer’s opinions were no-
ate Judiciary Committee, has always been the deci- table because they never
said in a statement: “If all sion of any Supreme Court contained footnotes. He
Democrats hang together Justice if and when they was warned off such a writ-
– which I expect they will – decide to retire, and how ing device by Arthur Gold-
they have the power to re- they want to announce it, berg, the Supreme Court
place Justice Breyer in 2022 and that remains the case justice for whom Breyer
without one Republican today. We have no ad- clerked as a young lawyer.
vote in support.” ditional details or informa- “It is an important point to
Liberal interest groups ex- tion to share from @White- make if you believe, as I
pressed relief. They had House.” do, that the major function
been clamoring for Breyer’s Often overshadowed by of an opinion is to explain
retirement for the past year, his fellow liberal Ginsburg, to the audience of read-
concerned about confir- Breyer authored two major ers why it is that the court
mation troubles if Republi- opinions in support of abor- has reached that deci-
cans retake the Senate tion rights on a court closely sion,” Breyer once said. “It’s
“Justice Breyer’s retirement divided over the issue, and not to prove that you’re
is coming not a moment he laid out his growing dis- right. You can’t prove that
too soon, but now we must comfort with the death you’re right; there is no
make sure our party re- penalty in a series of dis- such proof.”
mains united in support of senting opinions in recent Born in San Francisco, Brey-
confirming his successor,” years. er became an Eagle Scout
Demand Justice Executive Breyer’s views on displaying as a teenager and began
Director Brian Fallon said. the Ten Commandments a stellar academic career
Among the names be- on government property at Stanford, graduating
ing circulated as potential illustrate his search for a with highest honors. He at-
nominees are California middle ground. He was the tended Oxford, where he
Supreme Court Justice Le- only member of the court in received first-class honors
ondra Kruger, U.S. Circuit the majority in both cases in in philosophy, politics and
Judge Ketanji Brown Jack- 2005 that barred Ten Com- economics.
son, prominent civil rights mandments displays in two Breyer then attended Har-
lawyer Sherrilyn Ifill and Kentucky courthouses but vard’ Law School, where
U.S. District Judge Michelle allowed one to remain on he worked on the Law Re-
Childs, whom Biden has the grounds of the state view and graduated with
nominated to be an ap- Capitol in Austin, Texas. highest honors.
peals court judge. Childs In more than 27 years on Breyer’s first job after law
is a favorite of Rep. James the court, Breyer has been school was as a law clerk to
Clyburn, D-S.C., who made an active and cheerful Goldberg. He then worked
a crucial endorsement of questioner during argu- in the Justice Department’s
ments, a frequent public antitrust division before
speaker and quick with a splitting time as a Harvard
joke, often at his own ex- law professor and a law-
pense. He made a good yer for the Senate Judiciary
natured appearance on Committee.
a humorous National Pub- Breyer and his wife, Joanna,
lic Radio program in 2007, a psychologist and daugh-
failing to answer obscure ter of the late British Conser-
questions about pop stars. vative leader John Blaken-
He is known for his elabo- ham, have three children
rate, at times far-fetched, — daughters Chloe and
hypothetical questions to Stephen Breyer is the oldest of the sitting Supreme Court justices. Nell and a son, Michael —
facebook.com/arubatoday/ lawyers during arguments Associated Press Graphic and six grandchildren.q