Breyer to Retire. This week, Supreme Court Justice Stephen Breyer notified President Joe Biden of his intention to retire at the end of the Court’s current term. (Here is what Justice Breyer’s colleagues had to say about him.) Interestingly, Justice Breyer indicated that his retirement would perhaps be conditioned on the confirmation of his successor. President Biden stated that he expected to announce a nominee by the end of February 2022, and he also stated the following:
The person I will nominate will be someone with extraordinary qualifications, character, experience, and integrity, and that person will be the first Black woman ever nominated to the United States Supreme Court.
While the nomination process will likely be the usual political spectacle that we have come to expect, the president’s nominee should be able to secure the 51 votes needed for confirmation. Appointing a justice to the Supreme Court of the United States will undoubtedly provide President Biden with a political boost, but it also could divert time and energy from his legislative agenda. The Buzz will be monitoring the impact that the nomination process has, if any, on current efforts on Capitol Hill. (For more on Justice Breyer and his role in shaping labor and employment law, please see “Justice Breyer on Labor and Employment Law” below.)
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