News and Analysis

‘Highly Unusual’: New Development On Supreme Court Justice Stephen Breyer’s Retirement Raises Questions
WASHINGTON, DC - AUGUST 27: Supreme Court Justice Stephen Breyer during our interview in his office , in Washington, DC. (Photo by Bill O'Leary/The Washington Post via Getty Images)
Bill O’Leary/The Washington Post via Getty Images

Supreme Court Justice Stephen Breyer is reportedly not happy that news broke on Wednesday that he has decided to retire from the nation’s highest court.

“Multiple sources tell me Justice Breyer was not planning to announce his retirement today,” Fox News anchor Shannon Bream wrote on Twitter. “They describe him as ‘upset’ with how this has played out. We still await any official notice from his office and/or the #SCOTUS public information office.”

A short time later, Bream added, “A bit more clarity. I’m told Justice Breyer had firmly decided on his own to retire and that an announcement was due very soon. And while it appears someone jumped the gun on that, better to characterize him as surprised by events today than ‘upset.'”

Ron Bonjean, former top spokesman to the Speaker of the House and the Senate Majority Leader, responded to the news by writing: “Potential retirement conversations between Justices and the WH happen at a very high level. For a news leak like this to happen is highly unusual.”

Other notable responses included:

  • Matt Gorman, Targeted Victory: “Stay on another term! That’ll show ’em.”
  • Tom Fitton, Judicial Watch: “No doubt leftists leaked Breyer retirement as part of their pressure campaign to force Breyer off the court. Big question is did the leak come from the Supreme Court itself?”
  • Jim Geraghty, National Review: “I know everyone is already dunking on the assumption that the Biden team leaked it too early, but if you’re a Supreme Court justice, the moment you tell someone, ‘I’m going to announce my retirement soon,’ there’s a risk of it leaking. If you want a secret like that kept, you’ve got to keep it to yourself and maybe your close family until the last possible minute.”
  • Mollie Hemingway, The Federalist: “‘Justice on Trial,’ my book with @JCNSeverino , opened with the dramatic story of how Justice Kennedy kept the secret of his retirement from leaking prematurely. It does take a lot of attention to detail — and tremendous discretion from the few in the know.”

“Breyer, 83, the oldest member of the court, was appointed in 1994 by President Bill Clinton,” The New York Times reported. “After the death of Justice Ruth Bader Ginsburg in 2020 and the appointment of Justice Amy Coney Barrett by President Donald J. Trump, he became the subject of an energetic campaign by liberals who wanted him to step down to ensure that Mr. Biden could name his successor while Democrats control the Senate.”


This report has been updated to include additional information. 

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The Daily Wire   >  Read   >  ‘Highly Unusual’: New Development On Supreme Court Justice Stephen Breyer’s Retirement Raises Questions