Stephen Breyer news - latest: Biden stands by Black woman justice pledge as party outlines one month timetable

Follow for the latest developments

President Joe Biden speaks to reporters about Judge Breyer retiring

Supreme Court Justice Stephen Breyer is expected to announce his retirement as soon as Thursday, NBC News reported. This gives President Joe Biden an opportunity to replace one of the court’s three Democrat appointees and bolster the court’s liberal wing.

Democrats hoped Mr Breyer, who is 83 years old, would retire while they hold the majority in the Senate before the 2022 midterm elections, since Republicans are expected to win the majority.

In response to shouted questions from the press, President Joe Biden said: “Every justice has the right to decide what he or she is going to do and announce it on their own... There has been no announcement from Justice Breyer. Let him make whatever statement he’s going to make and I’ll be happy to talk about later.”

The White House says the president will stick by his commitment to nominate a Black woman to the court, and Senate Majority Leader Schumer will seek a quick one-month turnaround on the appointment.

[26 January 2022 19:40 · Oliver O'Connell]

Only Justice Thomas has served longer on court

Only Justice Clarence Thomas has served longer on the Supreme Court. Justice Thomas has served 30 years and Justice Breyer 27 years.

[26 January 2022 19:33 · Oliver O'Connell]

Chuck Schumer statement on Justice Breyer

Senate Majority Leader Chuck Schumer says in a statement that Justice Breyer has served his country with the highest possible distinction.

He says that Mr Breyer’s work and decisions on the biggest issues of our time — including voting rights, environment, women’s reproductive freedom, ACA — were hugely consequential, and that America owes him an enormous debt of gratitude.

Mr Schumer adds that President Biden’s Supreme Court nominee will receive a prompt hearing in the Senate Judiciary Committee and be considered and confirmed by the full United States Senate with all deliberate speed.

[26 January 2022 19:27 · Oliver O'Connell]

Fox News hosts push theory of Kamala Harris joining court

There is feverish speculation over at Fox News as a pair of hosts made the unlikely suggestion that President Joe Biden would nominate Vice President Kamala Harris.

“This person has to be a woman. She’s got to be Black, and she’s got to be younger. Anybody thinking what I’m thinking?” said Fox host Harris Faulkner on Wednesday. “They don’t know what to do with Kamala Harris in the White House right now. I can’t be the only person who is seeing this.”

Josh Marcus has the story.

[26 January 2022 19:16 · Oliver O'Connell]

Schumer looking to follow Coney Barrett timeline, report says

CNN’s Manu Raju reports that Senate Majority Leader Chuck Schumer is looking at a quick timeframe to confirm Biden’s nominee to the court — and he will follow a similar timeline that Republicans employed to confirm Amy Coney Barrett to the court in 2020, per a source familiar with this thinking.

He adds that Senate sources also say that the Senate can act on the Biden nominee before Justice Stephen Breyer officially steps down from the court. So Democrats expect to hold hearings and votes before Breyer officially steps aside at the end of his term.

For reference, Ruth Bader Ginsburg died on 18 September 2020 and Justice Amy Coney Barrett was nominated on 26 September 2020. She was confirmed 26 October 2020, only days away from the election.

[26 January 2022 19:12 · Oliver O'Connell]

Why justice is stepping down from Supreme Court after rebuffing calls to retire

Supreme Court Justice Stephen Breyer spent the last year fighting to keep the polarisation and politicisation that have swept through American politics out of the judiciary. But his decision to retire with the Senate under Democratic control reflects a recognition that his heartfelt efforts had to give way to political reality.

Andrew Feinberg reports from Washington, DC.

[26 January 2022 19:06 · Oliver O'Connell]

Democrats to move quickly on replacement

Reuters reports:

Democrats who control the US Senate plan to move President Joe Biden’s upcoming nomination of a replacement for retiring Supreme Court Justice Stephen Breyer on a quick timetable, similar to the one Republicans used for Justice Amy Coney Barrett, a source familiar with the planning told Reuters.

[26 January 2022 19:02 · Oliver O'Connell]

White House tries to head off speculation

White House Press Secretary Jen Psaki tweeted: “It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today. We have no additional details or information to share from the White House.”

[26 January 2022 18:56 · Oliver O'Connell]

Decision ‘done on his own terms'

Fox News National Security Correspondent Jennifer Griffin tweets: “This was an authentic decision for him—and done on his own terms yet with a pragmatic understanding of the world as it is. He is the 23rd longest serving Justice and has had a great opportunity to serve his country for the good.”

[26 January 2022 18:52 · Oliver O'Connell]

Developing: Stephen Breyer expected to announce retirement

The Independent’s Eric Garcia has the latest from Washington, DC.

[26 January 2022 18:44 · Oliver O'Connell]

SCOTUS vacancy sets stage for potential historic appointment

A vacancy during the Biden administration sets up the president to fulfill a promise made during the 2020 Democratic Primaries when he said: “I’ll appoint the first Black woman to the Court. It’s required that they have representation now — it’s long overdue.”