Breyer tells CNN he’s undecided on retiring from Supreme Court

Supreme Court Justice Stephen G. Breyer hasn’t decided on his retirement plans, according to a new interview with CNN published Thursday.

The most senior justice on the liberal wing of the court said he is weighing two factors when it comes to vacating his seat on the high court. 

“Primarily, of course, health,” said Justice Breyer. “Second, the court.”

He is enjoying his time as the most senior justice among the three Democratic appointees, telling CNN that conferencing with his eight colleagues has been productive since he’s taken the role as the top liberal on the court after the death of the late Justice Ruth Bader Ginsburg last year.

“You have to be flexible, hear other people, and be prepared to modify your views. But that doesn’t mean (going in with) a blank mind,” Justice Breyer said about the court’s meetings where they weigh cases.

Justice Breyer has been pressured by progressives to step down so that President Biden can make a new appointment to the high court.

Progressives and liberal activists are angered that former President Trump had three appointees to the high court, two of which they claim were stolen seats by the Republican majority in the Senate who refused to process one of former President Obama’s picks and then rushed to confirm Justice Amy Coney Barrett before the 2020 election. 

Justice Breyer served on the court for 27 years after being appointed by former President Clinton. He will turn 83 years old in August. 

Senate Minority Leader Mitch McConnell, Kentucky Republican, has signaled it’s “highly unlikely” he would process a nominee to the high court under Mr. Biden in 2024 if the Republicans were to take back the majority in the 2022 midterms.