Opinion: Why the U.S. Supreme Court may punt on a decision about abortion
The judiciary committee will send her nomination to the Senate floor this week, and Majority Leader Chuck Schumer has predicted a vote to confirm her soon thereafter, before the end of April. Justice Breyer, however, will not have retired yet. His January 27, 2022, letter states, “I intend this decision to take effect when the Court rises for the summer recess this year assuming that by then my successor has been nominated and confirmed.
This is most unusual. Typically, Supreme Court Justices retire “upon the confirmation” of their successor. Justice Breyer is free to do so as well, despite what he said in his letter to President Biden. Here is why he might. Last fall, Justice Breyer published a new book, “The Authority of the Court and the Peril of Politics,” in which he decries the growing perception of the court as a political institution. Chief Justice Roberts has also criticized this trend. He publicly rebuked President Trump for referring to federal judges as “Bush judges,” or “Obama judges,” noting that the effectiveness of the Supreme Court depends on federal judges being seen as nonpartisan.
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